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 > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through July 2003)
§ 382.5 Individual with a disability
§ 382.5 Individual with a disability....
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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)
§382.3 Individual with a disability
Individual with a disability means any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities,...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Locating Qualified Individuals with Disabilities
Locating Qualified Individuals with Disabilities
There are many resources for locating individuals with disabilities who are qualified for different types of jobs....
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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)
§ 36.105(d)(2)(iii)(C) Intellectual disability substantially limits brain function
(C) Intellectual disability substantially limits brain function;...
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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)
§ 35.108(d)(2)(iii)(C) Intellectual disability substantially limits brain function
(C) Intellectual disability substantially limits brain function;...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
You shall not require a passenger with a disability to travel with an attendant or to present a medical certificate
You shall not require a passenger with a disability to travel with an attendant or to present a medical certificate, except in very limited circumstances....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
The Disability Community
The Disability Community
Within a few weeks the ADA will become the law of the land because of the vision of the disability community....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
How do I determine whether a person is an individual with a disability?
How do I determine whether a person is an individual with a disability?...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Tips for Assisting People Who Have Mobility Disabilities
Tips for Assisting People Who Have Mobility Disabilities
Communication
If a person uses a term to describe a mobility disability that you are not familiar with or that you don...
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.4 Discrimination Prohibited
a disability was treated more favorably (disparate treatment), or was provided a reasonable accommodation that an individual without a disability was not provided....
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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)
§382.23 May carriers require a passenger with a disability to provide a medical certificate?
[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 75 FR 44887, July 30, 2010]
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
Individual with a disability (Section-by-Section Analysis)
"Individual with a disability" means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public entity acts on the basis of...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Chapter 1: Laying the Foundation: Disability Policy & Activism, 1968-1988
LAYING THE FOUNDATION:
DISABILITY POLICY & ACTIVISM, 1968–1988
The Americans with Disabilities Act (ADA) of 1990 raced through Congress. ...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Individual with a Disability:
Any individual who:
has a physical or mental impairment that, on a permanent or temporary basis,
substantially limits one or more major life activities,
has...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.4 Discrimination prohibited
It is unlawful for a covered entity to discriminate on the basis of disability against a qualified individual with a disability in regard to:...
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Corada Voices > Possible Solutions or Design Ideas
Design Features and Accommodations for those with Depression, PTSD, & Other Mental Health Conditions in the Workplace
By: Sarah Koch
Postpartum depression is considered a disability, and employers are responsible to provide accommodations in these situations....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Inquiries Concerning Disability
The Title II regulations do not address inquiries concerning disability the way the Title I employment regulations do....
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Annex A THE ADA: A BEGINNING
Historically, society has tended to isolate and segregate 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)
§1630.4(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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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
Qualified individual with a disability
Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural,...
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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
28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
28 CFR Parts 35 and 36
[CRT Docket No. 124; AG Order No. 3702–2016]
RIN 1190–AA59
Amendment of Americans With Disabilities Act Title II and Title III Regulations To Implement ADA ...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
‘‘Individual with a disability’’ (Preamble, Section-by-Section Analysis)
‘‘Individual with a disability’’ means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public accommodation acts on the...
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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)
382.19 May carriers refuse to provide transportation on the basis of disability?
382.19 May carriers refuse to provide transportation on the basis of disability?...
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
ADA: Know Your Rights - Returning Service Members with Disabilities
Department of Justice
Civil Rights Division
Disability Rights Section
ADA: Know Your Rights
Returning Service Members with Disabilities
You've been seriously injured...