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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Webinars, Videos, and Training > Spirit of the ADA
Inclusion in Every Play
This video provides a recap of the event focusing on the inclusion of people with disability....
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Federal Documents > Technical Assistance > Guidance on Use of the International Symbol of Accessibility Under the Americans with Disabilities Act and the Architectural Barriers Act
Guidance on Use of the International Symbol of Accessibility Under the Americans with Disabilities Act and the Architectural Barriers Act
Guidance on Use of the International Symbol of Accessibility Under the Americans with Disabilities Act and the Architectural Barriers Act
March 27, 2017
The U.S....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.2100 General
The clinic should also modify its plan to take into account the needs of its clients with visual, hearing, and other disabilities....
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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)
Section 36.302 Modifications in Policies, Practices, or Procedures (Preamble, Section-by-Section Analysis)
Public accommodations may need to revise operational policies to ensure that services are available to individuals with disabilities....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.302 Modifications in Policies, Practices, or Procedures (Section-By-Section Analysis and Response to Comments)
Public accommodations may need to revise operational policies to ensure that services are available to individuals with disabilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Accessibility to Perform the Essential Functions of the Job
Accessibility to Perform the Essential Functions of the Job
The obligation to provide accessibility for a qualified individual with a disability includes accessibility of the job site...
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Webinars, Videos, and Training > Spirit of the ADA
HEALTHCARE STORIES - Dr. Clarissa Kripke, Gordon Reetz, Susan Lee and Aaron Reetz - Part 3 of 5
Requires the Registered User plan or above.
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Mobility
Wheelchair Users
People with mobility disabilities may use one or more devices, such as canes, crutches, a power-driven or manually operated wheelchair, or a three-wheeled cart or scooter...
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
5. What may an employer do when it learns that an applicant has or had a hearing impairment after she has been offered a job but before she starts working?
Permissible follow-up questions at this stage differ from those at the pre-offer stage when an employer may only ask an applicant who voluntarily discloses a disability or whose disability...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Medical Examinations
Medical Examinations
An employer may only make medical examinations or inquiries of an employee regarding disability if such examinations are job-related and consistent with business...
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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)
Inquiry into the use of other power-driven mobility device. (Section-by-Section Analysis)
device users who do not have mobility disabilities....
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Products and Additional Resources > Survey and Plan Review Tools > ADA Facilities Compliance Risk Assessment Form
ADA Facilities Compliance Risk Assessment Form
Project Location: _____________________________________________________________
What steps have been taken to assure that this project will, when completed, comply with the Americans with Disabilities...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Advance Notice Only for Particular Services and Equipment
Advance Notice Only for Particular Services and Equipment
You may require up to 48 hours’ advance notice and one hour’s advance check-in from a passenger with a disability who wishes...
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Federal Documents > Technical Assistance > USDA Forest Service Missoula Technology and Development Center Facilities Toolbox: Accessibility Tools
Where can I learn more about accessibility?
The PATHFINDERS internal Forest Service website (available only from Forest Service and BLM computers) provides information to all employees about disability issues....
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Products and Additional Resources > Disability Etiquette > Communicating With and About People with Disabilities
Tips for Communicating with Individuals with Mobility Impairments
If possible, put yourself at the wheelchair user's eye level.
Do not lean on a wheelchair or any other assistive device.
Never patronize people who use...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.302(a) General
modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services,facilities, privileges, advantages, or accommodations to individuals with disabilities...
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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)
§ 36.302(a) General.
modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Procedural Safeguards
required to develop and implement a system of procedural safeguards to address FAPE concerns specifically, such as the identification, evaluation, and educational placement of students with disabilities...
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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
§ 36.302 Modifications in policies, practices, or procedures
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(g) Reasonable modifications for individuals ‘‘regarded as’’ having a disability....
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Webinars, Videos, and Training > Spirit of the ADA
A Little job advice from Bill & Jen with Cuquis Robledo
When Dr. Jennifer Arnold was a young hospital volunteer, she told visitors that she was planning to go to medical school. They responded, “Oh, why would you go to medical school?...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
ADA Law, Regulations and Design Standards
The ADA law identifies who is a person with a disability, who has obligations under the ADA, general non-discrimination requirements and other basic obligations....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
12. Personal Care Attendant (PCA)
While PCAs may travel with a passenger with a disability, transportation agencies are not required to provide a personal care attendant or personal care attendant services to meet the needs...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THOMAS JEFFERSON UNIVERSITY HOSPITALS INC. & OUTPATIENT IMAGING AFFILIATES, LLC. DJ# 202-62-458
EXHIBIT 1 JEFFERSON OUTPATIENT IMAGING ADA POLICY AND PROCEDURE
In accordance with Title III of the Americans with Disabilities Act (ADA), Jefferson Outpatient Imaging and Radiology (“Jefferson Outpatient”) does not discriminate on the basis of disability...
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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 1630.14(a) Pre-employment Inquiry
However, the employer may not inquire as to the nature or severity of the disability....