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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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)(1)(vi) and 36.105(d)(1)(vi)—‘‘Substantially Limits’’ Shall Be Interpreted To Require a Lesser Degree of Functional Limitation Than That Required Prior to the ADA Amendments Act
Sept. 16, 2008) (Statement of the Managers) (‘‘This bill lowers the standard for determining whether an impairment constitute[s] a disability and reaffirms the intent of Congress that the...
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Additional Access Publications > Providing Health Care for People with Disabilities: Competency Planning Checklists
Physical Access
We maintain frequently updated lists of accessible health care providers to use when making referrals for people with mobility disabilities.
...
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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)
Two Steps for Airline Personnel
Establish whether the animal is a pet or a service animal, and whether the passenger is a qualified individual with a disability; and then
2....
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Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
4. What factors should a public school district consider in determining what auxiliary aids or services are necessary to afford qualified students with disabilities an equal opportunity to participate in, and enjoy the benefits of, the public school’s services, programs, or activities?
In addition to giving primary consideration to the particular auxiliary aid or service requested by the student with a disability, the public school should also consider, for example, the...
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Products and Additional Resources > Disability Etiquette > TDD or TTY Etiquette, Glossary of TDD Abbreviations
TDD or TTY Etiquette, Glossary of TDD Abbreviations
Relay communications service provides full telephone accessibility to people who are deaf, hard of hearing or with speech disabilities....
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State and Local Documents > Regulations > Passengers with Disabilities: A Summary of DOT Rule Title 14 CFR Part 382
Passengers with Disabilities: A Summary of DOT Rule Title 14 CFR Part 382
Passengers with Disabilities
The Air Carrier Access Act prohibits discrimination on the basis of disability in air travel. ...
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Wheelchairs and Other Power-Driven Mobility Devices
Advances in technology have given rise to new power-driven devices that are not necessarily designed specifically for people with disabilities, but are being used by some people with disabilities...
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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)
§1630.13(a) Pre-employment examination or inquiry
Except as permitted by §1630.14, it is unlawful for a covered entity to conduct a medical examination of an applicant or to make inquiries as to whether an applicant is an individual with a disability...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.13(a)
permitted by section 1630.14, it is unlawful for a covered entity to conduct a medical examination of an applicant or to make inquiries as to whether an applicant is an individual with a disability...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
First Victory
As one civil rights attorney explained, persons in the disability community thought the Reagan administration started with disability regulations because “they thought the disability community...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND 360 FEDERAL CREDIT UNION UNDER THE AMERICANS WITH DISABILITIES ACT
EFFECTIVE COMMUNICATION DURING FACE-TO-FACE SERVICES
of the effective date of this Agreement, and pursuant to the Effective Communication Policy, THE CREDIT UNION shall provide individuals who are deaf, are hard of hearing, or have speech disabilities...
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Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
19. Under what circumstances may a school district use IDEA funds to pay for auxiliary aids or services for IDEA‐eligible students to ensure effective communication as required by Title II?
grant funds must be used only in accordance with the applicable provisions of the IDEA and to pay the excess costs of providing special education and related services to children with disabilities...
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Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
Department of Justice
Civil Rights Division
Disability Rights Section
Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and...
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Additional Access Publications > Providing Health Care for People with Disabilities: Competency Planning Checklists
Providing Health Care for People with Disabilities: Competency Planning Checklists
By
June Isaacson Kailes, Associate Director
Center for Disability and Health Policy
Western University of Health Sciences, Pomona, California
Edition 3 – 10.1.16
Required...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FALLON, NEVADA
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FALLON, NEVADA
The United States Department of Justice is referred to as the “United States” or “Department”; the City of Fallon as “City”; and the Americans with Disabilities Act of 1990, as amended,...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
Recognition of psychiatric service animals, but not "emotional support animals.'' (Section-by-Section Analysis)
Some commenters noted that individuals with disabilities use animals that have not been trained to perform tasks directly related to their disability....
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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)
Recognition of psychiatric service animals but not "emotional support animals." (Section-by-Section Analysis)
Some commenters noted that individuals with disabilities use animals that have not been trained to perform tasks directly related to their 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
IV. Summary of the ADA Amendments Act of 2008
with disabilities are a discrete and insular minority.’’ 154 Cong....
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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)
Discrimination prohibited. (Section-by-Section Analysis)
prohibited from excluding qualified detainees and inmates from participation in, or denying, benefits, services, programs, or activities because a facility is inaccessible to persons with disabilities...
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Webinars, Videos, and Training > Spirit of the ADA
“Who I Am” PSA
The new “Who I Am” PSA features nine real people with disabilities....
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Regulatory Support Documents > Analysis of Final Regulation > Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
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 > 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)
Information for Passengers
(i.e., via the Disability Hotline or directly from the Aviation Consumer Protection Division)....
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Webinars, Videos, and Training > Continuing education > University of Alabama at Birmingham (UAB) ADA Professional Training Certificate Program
University of Alabama at Birmingham (UAB) ADA Professional Training Certificate Program
Lisa Reburn, Ph.D. is a Certified ADA Coordinator and educator with over 30 years of experience working with those with disabilities. ...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Accessibility Policy for Public Entity
of ______________________________(public entity) to make our programs, services, benefits and activities (when viewed in their entirety) accessible to all people including people with disabilities...