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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Webinars, Videos, and Training > Spirit of the ADA
Heidi Myhre - The ADA helps all
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Webinars, Videos, and Training > Spirit of the ADA
Nathan Perry - The ADA and the elderly
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Webinars, Videos, and Training > Spirit of the ADA
Carol Ely on the ADA and Physical Access
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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)
§ 35.138(h) Prevention of fraud in purchase of tickets for accessible seating
A public entity may not require proof of disability, including, for example, a doctor's note, before selling tickets for accessible seating....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
The Department continues to believe that requiring an individual to provide proof that he or she is a person with a disability is an unnecessary and burdensome invasion of privacy and may...
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Federal Documents > Technical Assistance > QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
17. Q: Do I have to create another job for an employee who, because of disability, can no longer perform the essential functions of her job even with reasonable accommodation?
The ADA does not require an employer to create jobs for people with disabilities....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Alterations to prison cells.
a correctional facility present challenges that are not an issue in other government buildings, so the Department must strike a balance between the accessibility needs of inmates with disabilities...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VERO BEACH, FLORIDA DJ 205-18-16
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VERO BEACH, FLORIDA DJ 205-18-16
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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(d)(4) and 36.105(d)(4)—Examples of Mitigating Measures
supports and highlights that students [and individuals in other settings] may have developed self-imposed ways to support their disability in order to perform major life activities required...
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Webinars, Videos, and Training > Spirit of the ADA
HEALTHCARE STORIES - Dr. Clarissa Kripke, Gordon Reetz, Susan Lee and Aaron Reetz - Part 1 of 5
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Webinars, Videos, and Training > Spirit of the ADA
HEALTHCARE STORIES - Dr. Clarissa Kripke, Gordon Reetz, Susan Lee and Aaron Reetz - Part 4 of 5
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Webinars, Videos, and Training > Spirit of the ADA
HEALTHCARE STORIES - Dr. Clarissa Kripke, Gordon Reetz, Susan Lee and Aaron Reetz - Part 5 of 5
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Webinars, Videos, and Training > Spirit of the ADA
HEALTHCARE STORIES - Dr. Clarissa Kripke, Gordon Reetz, Susan Lee and Aaron Reetz - Part 2 of 5
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Advance Notice and Reservation System
Carriers’ reservation and other administrative systems must ensure that when advance notice is provided by a passenger with a disability as provided by the ACAA and its implementing regulations...
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Webinars, Videos, and Training > Spirit of the ADA
Bottom Dollars | A Rooted in Rights Original Documentary
Section 14(c) of the Act included an exemption allowing some workers, people with disabilities, to be paid less than minimum wage....
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Federal Documents > Technical Assistance > Access to Medical Care for Individuals with Mobility Disabilities
Staff Training
Staff should be instructed to ask patients with disabilities if they need help before providing assistance and, if they do, how best they can help....
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Webinars, Videos, and Training > Design Solution
Caroline's Cart - Making Mobility Easy
Making Mobility Easy
Caroline's Cart is a shopping cart created for special needs children. It provides parents and caregivers a viable option to transport a child through a store...
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Research and History > Research Documents > Best Practices in the Design of Toileting and Bathing Facilities for Assisted Transfers
Meeting User Needs
Despite the expected variations in types of impairments as well as differences in severity of disability among the different levels of care, designers presumed that most older people in...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MOUNTAIN STATES HEALTH ALLIANCE UNDER THE ADA
B. Effective Communication
Auxiliary Aids or Services, and the timing, duration, and frequency with which they will be provided, will be made by the MSHA hospital personnel in consultation with the person with a disability...
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Webinars, Videos, and Training > Spirit of the ADA
Employment Today - Chapter 1 - Changes in the Workplace
Employment Today - Chapter 1 - Changes in the Workplace (by the California Department of Rehabilitation)
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
382.3 What do the terms in this rule mean?
There are new definitions of “direct threat,” which concerns the standard that may permit carriers to take otherwise prohibited actions with respect to passengers with a disability, and...
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Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
1. What is the ADA’s Title II integration mandate, and how does it apply to state and local governments’ employment service systems?
ADA’s integration mandate requires public entities to “administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.3 Employment.
Both Title II of the ADA and Section 504 regulations incorporate the prohibition on employment discrimination from Title I of the ADA. (28 CFR § 35.140 and 49 CFR § 27.19). Both...
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Federal Documents > Technical Assistance > A Guide for People with Disabilities Seeking Employment
What should I do if I think my ADA rights have been violated?
What should I do if I think my ADA rights have been violated?
You should contact the nearest office of the Equal Employment Opportunity Commission (EEOC). Someone will help you...