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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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
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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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.140 Employment discrimination prohibited
§35.140 Employment discrimination prohibited.
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§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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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§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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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.140 Employment discrimination prohibited.
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
§302(a) General Rule
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 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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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
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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Research and History > Committee Reports > Access for All: Five Years of Progress - A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
Access for All: Five Years of Progress A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
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Additional Access Publications > Providing Health Care for People with Disabilities: Competency Planning Checklists
Physical Access
Facilities Access
Tax Incentives for Improving Accessibility
Using a Fitness Center Does Not Have to be an Exercise in Frustration: Tips for People with Mobility and Visual Disabilities...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Section 35.152 Detention and correctional facilities—program requirements (Section-by-Section Analysis)
correctional facilities—program requirements (Section-by-Section Analysis)
As noted in the discussion of § 35.151(k), the Department has determined that inmates with mobility and other disabilities...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
DEPARTMENT OF JUSTICE
Preamble to 28 CFR PART 36
[CRT Docket No. 106; AG Order No. 2968-2008]
RIN 1190-AA44
Nondiscrimination on the Basis of Disability by Public Accommodations...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
§102(a) General Rule
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement...
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State and Local Documents > Guidelines > Appendix B to 34 CFR Part 104—Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs
Appendix B to Part 104—Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs
TITLE 34 EDUCATION
SUBTITLE B REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION
CHAPTER I -- OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
PART 104 --...
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Employer-Provided Leave and the Americans with Disabilities Act
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507
Employer-Provided Leave and the Americans with Disabilities Act1
(May 9, 2016)
[1] This document also applies...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.7(d) Aid, benefits, or services limited by Federal law
For aid, benefits, or services authorized by Federal statute or executive order that are designed especially for persons with a disability, or for a particular class of persons with a disability...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction
of construction on how to apply the definition of ‘‘disability.’’...
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Federal Documents > Technical Assistance > Event Requirements Checklist for Ensuring Meeting/Event Accessibility
Plan the room set-up
□ Plan the room set-up to accommodate people with disabilities and equipment for accessibility (seats, space between rows and desks, entrance, egress, lighting, acoustics, accessible podiums...
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Federal Documents > Technical Assistance > ADA Update - A Primer for Small Business
Service Animals
The task(s) performed by the dog must be directly related to the person’s disability....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.3 What Is a Reasonable Accommodation?
Reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Prevention of fraud in purchase of accessible seating. (Section-by-Section Analysis)
Curbing fraud is a goal that public entities and individuals with disabilities share....
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Webinars, Videos, and Training > Spirit of the ADA
Wilson Workforce and Rehabilitation Center (WWRC) Informational Video
Take a moment to learn about WWRC.
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: Cindy's Story
Cindy has lived in Alabama since 1978. She went blind at the age of 19 and attended a rehabilitation center to learn blindness skills in order to live as an independent person. She...
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: Jerry's Story
Jerry is a 55 year old retired computer programmer who was born and raised in the greater Birmingham, Alabama area. Though retired, Jerry still works as a coach of Junior wheelchair...