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 > 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)
382.159 How are complaints filed with DOT?
382.159 How are complaints filed with DOT? Changes from the corresponding provision of the existing regulation include a time frame for filing informal complaints, a change of postal...
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Additional Access Publications > Questions to Ask for Identifying Communication and Accommodation Needs
1. MOVING (MOBILITY / PHYSICAL / MOTOR – LIMITED OR NO ABILITY GRAB, GRIP, LIFT, HOLD, ETC)
1.1. Uses
Wheelchair
Scooter
Walker
Cane
Braces
Prosthesis
Service Animal
- Overnight stay w/...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MOUNTAIN STATES HEALTH ALLIANCE UNDER THE ADA
E. Notice to MSHA Personnel and MSHA Affiliated Physicians
Notice to MSHA Personnel and MSHA Affiliated Physicians. MSHA shall publish on its website a policy statement regarding MSHA’s policy for effective communication with persons...
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Federal Documents > Technical Assistance > Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
6. What if there's no way I can do my regular job, even with an accommodation?
If you can't perform all the essential functions of your job to normal standards and have no paid leave available, you still may be entitled to unpaid leave as a reasonable...
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
Coverage
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12102(1)(A)
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
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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
Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii)—Impairment Need Not Substantially Limit More Than One Major Life Activity
Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii)—Impairment Need Not Substantially Limit More Than One Major Life Activity
Proposed §§ 35.108(d)(1)(viii) and 36.105(d)(1)(viii)...
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
27. Hand-Carrying
Except in emergency situations, a passenger's request for a driver to lift the passenger out of his or her mobility device should generally be denied because of the safety, dignity,...
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Federal Documents > Technical Assistance > Commonly Asked Questions About the Americans with Disabilities Act and Law Enforcement
3. Q: Who does the ADA protect?
A: The ADA covers a wide range of individuals with disabilities....
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Additional Access Publications > A Guide to Planning Accessible Meetings
Tips for Presenters
Use lasers to point only; resist the urge to wiggle the light around the screen (this can be problematic for people with a variety of conditions, including vision disabilities), and turn...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DEKALB, ILLINOIS
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DEKALB, ILLINOIS DJ 205-23-59
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Legal Documents > United States of America v. Quiktrip Corporation - Consent Decree
V. ENSURING EQUAL ACCESS TO CUSTOMERS WITH DISABILITIES
It is QuikTrip's policy to provide prompt and courteous service to all customers, including customers with disabilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Information That May Be Requested in Post-Offer Examinations or Inquiries
Withdrawing a job offer for this reason would not violate the ADA, because the decision is not based on disability....
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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
Sections 35.108(d)(1)(iv) and 36.105(d)(1)(iv)—Impairments That Are Episodic or in Remission
Sections 35.108(d)(1)(iv) and 36.105(d)(1)(iv)—Impairments That Are Episodic or in Remission
The ADA as amended provides that ‘‘an impairment that is episodic or in remission is a disability...
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
ADA & Level Boarding - Which Cars Must be made Available to Passengers with Disabilities?
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1. Making Facilities Accessible and Usable
The employer's obligation under Title I is to provide access for an individual applicant to participate in the job application process, and for an individual employee with a disability to...
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Additional Access Publications > Accommodation and Compliance Series: Employees with Autism Spectrum Disorder
Resources
Act (ADA), and the employability of people with disabilities....
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
Obtaining Employment: What to Expect
Obtaining Employment: What to Expect
The ADA prohibits discrimination against qualified employees or job applicants on the basis of their 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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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Battery-powered Wheelchairs
[Sec. 382.41(g)]
Carriers may require that a passenger with a disability wishing to have a battery-powered wheelchair transported on a flight (including in the cabin where required) check...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Wheelchairs
If a passenger with a disability decides to pre-board, the passenger may stow the wheelchair in the designated storage space with priority over the carry-on items brought on board by other...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.5(a) Basic Requirements Regarding Pre-Offer Inquiries
5.5(a) Basic Requirements Regarding Pre-Offer Inquiries
An employer may not make any pre-employment inquiry about a disability, or about the nature or severity of a disability:...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Additional Considerations for Placement and Services Under Section 504
must be educated with students who do not have disabilities to the maximum extent appropriate to the needs of the student with a disability.85 In addition, school districts must place students...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PAROWAN, UTAH DJ # 205-77-1
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PAROWAN, UTAH DJ # 205-77-1
The United States Department of Justice is referred to as the “United States” or “Department”; the City of Parowan as “City”; and the Americans with Disabilities Act of 1990, as amended,...