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.
-
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...
-
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 --...
-
Webinars, Videos, and Training > Spirit of the ADA
The Threatened Legacy of Independent Living with Alex Ghenis
Alex Ghenis is a Rooted in Rights Storyteller who is bringing awareness about the pending closing of the Disabled Students Residence Program (DSRP) at Berkeley. ...
-
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...
-
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)....
-
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. ...
-
Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.141 What training are carriers required to provide for their personnel?
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WOODLAKE
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WOODLAKE
SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF WOODLAKE
-
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
Questions and Answers on the Application of the ADA’s Integration Mandate and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems
-
Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Obtaining, Using, and Disclosing Medical Information
OBTAINING, USING, AND DISCLOSING MEDICAL INFORMATION
Title I of the ADA limits an employer's ability to ask questions related to hearing and other disabilities and to conduct medical...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Inquiries Related to Ability to Perform Job Functions and Accommodations
If an applicant has a known disability that would appear to interfere with or prevent performance of a job-related function, s/he may be asked to describe or demonstrate how this function...
-
Federal Documents > Technical Assistance > The ADA: Your Employment Rights as an Individual With a Disability
What Do I Do If I Think That I'm Being Discriminated Against?
If you think you have been discriminated against in employment on the basis of disability after July 26, 1992, you should contact the U.S. Equal Employment Opportunity Commission....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.14(b)
of employment on the results of such examination (and/or inquiry), if all entering employees in the same job category are subjected to such an examination (and/or inquiry) regardless of disability...
-
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(b) Employment entrance examination
of employment on the results of such examination (and/or inquiry), if all entering employees in the same job category are subjected to such an examination (and/or inquiry) regardless of disability...
-
Federal Documents > Preamble to Guidelines > 36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble
Benefits
The final rule would increase opportunities for individuals with mobility disabilities to participate in outdoor recreation activities with their families and friends....
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTA'S JOHN MARSHALL LAW SCHOOL UNDER THE AMERICANS WITH DISABILITIES ACT
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTA'S JOHN MARSHALL LAW SCHOOL UNDER THE AMERICANS WITH DISABILITIES ACT
-
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)
Communication. (Section-by-Section Analysis)
Several large disability advocacy organizations commented on the 2004 ADAAG section 232.2.2 requirement that at least 2 percent of the general holding cells and housing cells must be equipped...
-
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)
382.119 What information must carriers give individuals with vision or hearing impairment on aircraft?
This section requires that carriers ensure that passengers with a disability who identify themselves as needing visual or hearing assistance have prompt access to the same information provided...
-
Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
1193.33(c) (Advisory Guidance)
Personnel who deal directly with the public, including market researchers, should be trained in basic disability "etiquette."...
-
Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q5: Should a school district revise its policies and procedures regarding the determination of coverage and provision of services under Section 504 and Title II?
As noted above, the definition of disability is to be interpreted broadly, so determining whether one has a disability should not demand extensive analysis, and the determination shall be...
-
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
Condition, Manner, or Duration Examples, Including Negative Effects of Mitigating Measures
An individual with specific learning disabilities may need to approach reading or writing in a distinct manner or under different conditions than most people in the general population, possibly...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.11 Financial and Technical Assistance for Accommodations
3.11 Financial and Technical Assistance for Accommodations
-
Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.123 What are the requirements concerning priority cabin stowage for wheelchairs and other assistive devices?
[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 78 FR 67924, Nov. 12, 2013]
-
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)
382.123 What are the requirements concerning priority cabin stowage for wheelchairs and other assistive devices?
382.123 What are the requirements concerning priority cabin stowage for wheelchairs and other assistive devices? This section is related to the requirements for priority stowage...