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 > Title I Technical Assistance Manual
12112(d) Medical Examinations and Inquiries
(d) Medical Examinations and Inquiries.--
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
How are charges of discrimination filed?
How are charges of discrimination filed?
A person who feels s/he has been discriminated against, or other potential "charging party" should contact the nearest EEOC office. (See...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Can an individual file a lawsuit against an employer?
Can an individual file a lawsuit against an employer?
An individual can file a lawsuit against an employer, but s/he must first file the charge with EEOC. The charging party can...
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Federal Documents > Technical Assistance > Access to Medical Care for Individuals with Mobility Disabilities
PART 2: COMMONLY ASKED QUESTIONS
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MOUNTAIN STATES HEALTH ALLIANCE UNDER THE ADA
D. Notice to the Public
Policy Statement. Within 60 days of the effective date of this Agreement, MSHA shall maintain signs of conspicuous size and print at all MSHA admitting stations, the emergency...
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Federal Documents > Technical Assistance > Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
1. Is my employer allowed to fire me because I have a mental health condition?
No. It is illegal for an employer to discriminate against you simply because you have a mental health condition. This includes firing you, rejecting you for a job or promotion, or...
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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)
§27.11(a) Remedial action.
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.42(c) Preadmission inquiry exception
(c) Preadmission inquiry exception. When a recipient is taking remedial action to correct the effects of past discrimination pursuant to §104.6(a) or when a recipient is taking...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
When does an impairment “substantially limit” a major life activity?
When does an impairment “substantially limit” a major life activity? There is no absolute standard for determining when an impairment is a substantial limitation. Some...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.4(c) Aid, benefits, or services limited by Federal law
(c) Aid, benefits, or services limited by Federal law. The exclusion of nonhandicapped persons from aid, benefits, or services limited by Federal statute or executive order to...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.6(a) Remedial action
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
E. Accommodations for Air Travelers who are Deaf, Hard of Hearing, or Deaf-Blind
If your carrier makes available a telephone reservation and information service to the public, you must make available a text telephone (TTY) to permit individuals who are deaf or...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12112(d) Medical examinations and inquiries
(d) Medical examinations and inquiries
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Additional Access Publications > Emergency Travel Safety Tips for Overnight Stays
Personal Support:
1. * Determine how you will get emergency help, if needed.
1.1 Consider asking more than one person at the event [family, friends or colleagues] to check on you in the event of an...
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Federal Documents > Regulations > 24 CFR Part 100—Discriminatory Conduct Under the Fair Housing Act (with amendments issued through Sept. 2016)
§100.202 General prohibitions against discrimination because of handicap.
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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)
§ 35.137(c)
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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)
§382.121 What mobility aids and other assistive devices may passengers with a disability bring into the aircraft cabin?
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.Targeted Jobs Tax Credit
3.Targeted Jobs Tax Credit
Tax credits also are available under the Targeted Jobs Tax Credit Program (TJTCP) for employers who hire individuals with disabilities referred by state or...
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Webinars, Videos, and Training > Spirit of the ADA
HEALTHCARE STORIES - Luise Custer and Charlie Tygiel Part 4 of 4
Requires the Registered User plan or above.
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Webinars, Videos, and Training > Spirit of the ADA
HEALTHCARE STORIES - Luise Custer and Charlie Tygiel Part 1 of 4
Requires the Registered User plan or above.
Login!
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Webinars, Videos, and Training > Spirit of the ADA
HEALTHCARE STORIES - Luise Custer and Charlie Tygiel Part 2 of 4
Requires the Registered User plan or above.
Login!
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Research and History > Research Documents > The Impact of Transfer Setup on the Performance of Independent Transfers: Phase I Final Report
Chapter 4: Implications for standards and design
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Federal Documents > Technical Assistance > Protecting the Rights of Persons Living with HIV/AIDS
EMPLOYMENT
EMPLOYMENT
The ADA prohibits discrimination by all public employers and all private employers with 15 or more employees. Discrimination against qualified individuals (i.e., an...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FLORIDA STATE UNIVERSITY DJ No. 205-17-13
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FLORIDA STATE UNIVERSITY DJ No. 205-17-13
SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND
FLORIDA STATE UNIVERSITY
DJ No. 205-17-13