(b) Construction. --As used in subsection (a), the term discriminate includes --
Search Results "Disability"
2010 ADA Definition
Disability: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
(1) The phrase physical or mental impairment means – (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; (ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism; (iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one´s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having an impairment means – (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a private entity as having such an impairment.
(5) The term disability does not include – (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
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Commonly Searched Documents
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12112(b) Construction
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Employment-Related Discrimination
[See subsections ...]
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Grievance Procedures
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9. What Kind of Documentation Would Be Helpful?
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§8.4(b)(2)
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Can an operator require a person to transfer from a wheelchair to a vehicle seat?
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§104.43(a)
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§104.35(d) Reevaluation
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§104.22(a) Accessibility
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§104.23(a) Design and construction
(a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the...
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§104.22(b) Methods
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SECTION 504 OF THE REHABILITATION ACT OF 1973 POLICY INTERPRETATION NO. 5
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Can an operator require a person to transfer from a wheelchair to a vehicle seat?
No. Section 37.165(e) of the DOT ADA regulations allows persons who use wheelchairs to transfer to a vehicle seat, if one is available. Such a move is the rider’s decision and the...
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Accommodations for Passengers Who are Deaf or Hard of Hearing
Accommodations for Passengers Who are Deaf or Hard of Hearing If the safety briefings are presented to passengers on video screens, carriers must ensure that the video...
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§35.140 Employment discrimination prohibited
§35.140 Employment discrimination prohibited.
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§35.130(a) (Section-by-Section Analysis)
Paragraph (a) restates the nondiscrimination mandate of section 202 of the ADA. The remaining paragraphs in §35.130 establish the general principles for analyzing whether any...
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§1630.14(a) Acceptable pre-employment inquiry
(a) Acceptable pre-employment inquiry. A covered entity may make pre-employment inquiries into the ability of an applicant to perform job-related functions, and/or may ask an...
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§ 35.140 Employment discrimination prohibited.
[See subsections ...]
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§ 35.152(b)(3)
Public entities shall implement reasonable policies, including physical modifications to additional cells in accordance with the 2010 Standards, so as to ensure that each inmate with a disability...
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Access for All: Five Years of Progress A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
[See subsections ...]
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President Obama Speaks at the 25th Anniversary of the ADA
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Examples of Major Life Activities, Other Than the Operations of a Major Bodily Function
A number of commenters representing persons with disabilities or the elderly recommended that the Department add a wide variety of other activities to this first list....
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28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
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Heidi Myhre - The ADA helps me
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