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
DREDF: Part 3 Barriers to Healthcare-Solutions
Requires the Registered User plan or above.
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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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Webinars, Videos, and Training > Continuing education
Defining and Delivering Disability-Competent Care - The Lived Experience Of Disability
This is the second webinar in Webinar Series #1, "Leading Healthcare Practices and Training: Defining and Delivering Disability-Competent Care". ...
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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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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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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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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 > 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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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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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,...
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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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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
Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
U.S. Department of Education
Office for Civil Rights
December...
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Additional Access Publications > Emergency Travel Safety Tips for Overnight Stays
Emergency Travel Safety Tips for Overnight Stays
By June Isaacson Kailes
This document was made possible with support from:
Grant to North Carolina Emergency Management from The North Carolina Council on Developmental Disabilities...
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Introduction
Equal Employment Opportunity Commission (EEOC) enforces Title I of the Americans with Disabilities Act (ADA)....
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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)
Advice for Passengers with Service Animals
Ask about the airline’ policy on advance seat assignments for people with disabilities. For instance: (1) should a passenger request preboarding at the gate?...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Physical Accessibility
School districts are required to ensure that students and others with disabilities, including parents, are not denied access to the school’s programs or activities because of inaccessible...
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Federal Documents > Technical Assistance > ADA Information Services
ADA Information Services
Department of Justice
Civil Rights Division
Disability Rights Section
ADA INFORMATION SERVICES
Revised November 2006
This list contains the telephone numbers and Internet addresses...
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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)
§ 382.33 Advance notice requirements
(a) Except as provided in paragraph (b) of this section, a carrier shall not require a qualified individual with a disability to provide advance notice of his or her intention to travel...
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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
§ 35.130 General prohibitions against discrimination
of ‘‘disability’’ at § 35.108(a)(1)(iii)...
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Webinars, Videos, and Training > Spirit of the ADA
DBTAC: Accessible Parking With Robert David Hall
The is a PSA commissioned by DBTAC Norhtwest, the ADA information Center to explain accessible parking rights.
