(ii) An individual may establish coverage under any one or more of the three prongs of the definition of “disability” in paragraph (a)(1) of this section, the “actual disability” prong in...
Search Results "Disability"
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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§ 35.108(a)(2)(ii)
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§ 35.108(a)(2)(iii)
(iii) Where an individual is not challenging a public entity's failure to provide reasonable modifications under §35.130(b)(7), it is generally unnecessary to proceed under the “actual disability...
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§ 35.108(b)(1)(i)
(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense...
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§ 35.108(b)(2) Physical or mental impairment includes
the following: orthopedic, visual, speech, and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability...
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Q4. How does the Amendments Act alter coverage under Section 504 and Title II?
Students who, in the past, may not have been determined to have a disability under Section 504 and Title II may now in fact be found to have a disability under those laws....
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§1630.4 Discrimination prohibited.
[76 FR 17002, Mar. 25, 2011]
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IV. Summary of the ADA Amendments Act of 2008
with disabilities are a discrete and insular minority.’’ 154 Cong....
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Defining Disability Broadly
It is important to think about disability broadly. Traditional narrow definitions of disability are not appropriate....
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§1630.4(a)(1)
(1) It is unlawful for a covered entity to discriminate on the basis of disability against a qualified individual in regard to...
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§ 35.130(b)(7)(ii)
(ii) A public entity is not required to provide a reasonable modification to an individual who meets the definition of “disability” solely under the “regarded as” prong of the definition...
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§ 35.130(i)
(i) Nothing in this part shall provide the basis for a claim that an individual without a disability was subject to discrimination because of a lack of disability, including a claim that...
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Section 1630.2(g) Disability
The first of these is the term “disability.”...
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§100.201 Handicap
and lymphatic; skin; and endocrine; or (2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities...
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Who Is Protected by Title I?
A qualified individual with a disability is: An individual with a disability who meets the skill, experience, education, and other job-related requirements of a position held or desired...
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What is the definition of disability?
Therefore cancer and diabetes will, in virtually all cases, be considered disabilities....
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III-3.5000 Discrimination on the basis of association
A public accommodation may not discriminate against individuals or entities because of their known relationship or association with persons who have disabilities....
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Section 1630.3 Exceptions to the Definitions of “Disability” and “Qualified Individual with a Disability”
Section 1630.3 Exceptions to the Definitions of “Disability” and “Qualified Individual with a Disability”...
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The Meaning of Disability Under Section 504
Below is a discussion of what it means to be a student or individual with a disability, and of related terms that help to comprehensively define disability as it is used in Section 504 and...
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Disability
Under Section 504, an individual with a disability (also referred to as a student with a disability in the elementary and secondary education context) is defined as a person who: (1) has...
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Section 1630.3(a) through (c) Illegal Use of Drugs
Section 1630.3 (a) through (c) Illegal Use of Drugs Part 1630 provides that an individual currently engaging in the illegal use of drugs is not an individual with a disability for purposes...
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2.1 Introduction
2.1 Introduction The ADA protects qualified individuals with disabilities from employment discrimination....
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2.2 Individual With a Disability
2.2 Individual With a Disability The ADA has a three-part definition of "disability."...
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2.1(a)(iii) Substantially Limits
(iii) Substantially Limits An impairment is only a "disability" under the ADA if it substantially limits one or more major life activities....
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Mitigating measures
When determining if a person has a disability, a school cannot consider the ameliorative effects of mitigating measures when determining how the impairment impacts the major life activities...