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 > Technical Assistance > Title I Technical Assistance Manual
10.2 Overview of Enforcement Provisions
10.2 Overview of Enforcement Provisions
A job applicant or employee who believes s/he has been discriminated against on the basis of disability in employment by a private, state...
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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)
§ 36.311(b)(1) Use of other power-driven mobility devices
public accommodation shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility 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(e) and 36.105(e)—Has a Record of Such an Impairment
For example, individuals misclassified as having learning disabilities or intellectual disabilities are protected from discrimination on the basis of that erroneous classification....
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Webinars, Videos, and Training > Spirit of the ADA
Employment Today - Chapter 5 - Medical Inquiries
Employment Today - Chapter 5 - Medical Inquiries (by the California Department of Rehabilitation)
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE VILLAGE OF RUIDOSO, NEW MEXICO DJ # 205-49-24
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE VILLAGE OF RUIDOSO, NEW MEXICO DJ # 205-49-24
The United States Department of Justice is referred to as the “United States” or “Department”; the Village of Ruidoso as “Village”; and the Americans with Disabilities Act of 1990, as amended...
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Additional Access Publications > Tips for Weighing People Using an Accessible Scale
Tips for Weighing People Using an Accessible Scale
By
June Isaacson Kailes, Associate Director
Harris Family
Center for Disability and Health Policy
Western University of Health Sciences, Pomona, California
Update - 12.30.16...
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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
2. May an employer ask a job applicant whether he has or had a hearing impairment or about his treatment related to any hearing impairment prior to making a job offer?
. § 60-741.42, a regulation issued by the Office of Federal Contract Compliance Programs (OFCCP), to invite applicants to voluntarily self-identify as persons with disabilities for affirmative...
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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
Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
[56 FR 35734, July 26, 1991, as amended at 65 FR 36327, June 8, 2000; 76 FR 17003,...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Athletics and Extracurricular Activities
School districts must provide non-academic services and activities in a manner that provides students with disabilities an equal opportunity for participation.101 This requirement includes...
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Communication after an Employee Requests Leave
Communication after an Employee Requests Leave
As a general rule, the individual with a disability - who has the most knowledge about the need for reasonable accommodation - must inform...
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Legal Documents > United States of America v. State of Florida - Final Order of Dismissal
United States of America v. State of Florida - Final Order of Dismissal
Under Title II of the Americans With Disabilities Act of 1990 ("Title II") , 42 U.S.C. §12131, et seq., each of those children is a ''qualified individual with a disability.'' 42 U.S.C....
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Federal Documents > Technical Assistance > The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work
3. Does My Client Need to Have a Particular Condition to Get a Reasonable Accommodation?
The client's symptoms in the absence of treatment are merely considered in order to determine whether the person has a "disability" under the ADA.)...
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Additional Access Publications > Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
2. IMPROVING PHYSICAL ACCESS
People with disabilities should be able to travel to a health care site, approach and enter and move around the building as conveniently as everyone else....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTIS EVENTS, INC. UNDER THE AMERICANS WITH DISABILITIES ACT
B. Adoption and Implementation of ADA Accessibility Policy
., ADA Accessibility Policy), in a format accessible to persons with disabilities....
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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(b) Employment Entrance Examination
may condition the offer of employment on the results of the examination, provided that all entering employees in the same job category are subjected to such an examination, regardless of disability...
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Webinars, Videos, and Training > Spirit of the ADA
DREDF: Part 2 Barriers to Healthcare-Attitudes
Requires the Registered User plan or above.
Login!
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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)
§382.81 For which passengers must carriers make seating accommodations?
As a carrier, you must provide the following seating accommodations to the following passengers on request, if the passenger self-identifies to you as having a disability specified in this...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
CHAPTER 2. BASIC REGULATORY REQUIREMENTS OF THE ADA, SECTION 504, AND THE ACAA.
CHAPTER 2. BASIC REGULATORY REQUIREMENTS OF THE ADA, SECTION 504, AND THE ACAA.
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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)
382.155 How must carriers respond to written complaints?
382.155 How must carriers respond to written complaints? CROs are to promptly take action to resolve complaints made to them. In some cases, CROs can take quick action to prevent a...
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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)
Section 36.302 Modifications in Policies, Practices, or Procedures (Section-by-Section Analysis)
Section 36.302 Modifications in Policies, Practices, or Procedures (Section-by-Section Analysis)
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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)
§382.155 How must carriers respond to written complaints?
[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 > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.153 What actions do CROs take on complaints?
[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 75 FR 44887, July 30, 2010]
When a complaint is made directly to a CRO for a carrier providing service using...
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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)
§382.151 What are the requirements for providing Complaints Resolution Officials?
[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 74 FR 11472, Mar. 18, 2009; 75 FR 44887, July 30, 2010]
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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)
382.153 What actions do CROs take on complaints?
382.153 What actions do CROs take on complaints?
ETA Editor's Note
This section has no content in the original document.