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 > 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 Modifications in policies, practices, or procedures.
[Order No. 1513-91, 56 FR 35592, July 26, 1991, as amended by AG Order No. 3181-2010, 75 FR 56251, Sept. 15, 2010; 76 FR 13287, Mar. 11, 2011; AG Order 3702-2016, 81 FR 53243, Aug....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.2000 Reasonable modifications
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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)
§35.130 General prohibitions against discrimination (Section-by-Section Analysis)
Several disabled commenters gave personal statements about the abuse they had received at the hands of law enforcement personnel....
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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(f) and 36.105(f)—Is Regarded as Having Such an Impairment
Sections 35.108(f) and 36.105(f)—Is Regarded as Having Such an Impairment
The ‘‘regarded as having such an impairment’’ prong of the definition of ‘‘disability’’ was included in the ADA...
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Federal Documents > Technical Assistance > DOJ/DOE Dear Colleague Letter: Effective Communication
DOJ/DOE Dear Colleague Letter: Effective Communication
Three Federal laws – the Individuals with Disabilities Education Act (IDEA), Title II of the Americans with Disabilities Act of 1990 (Title II), and Section 504 of the Rehabilitation Act...
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
Attachment A: Disability-Related Issues for Emergency Plan Coordinators
DISABILITY-RELATED ISSUES FOR EMERGENCY PLAN COORDINATORS
Date Completed
Activity
Make sure a relationship is established with your local...
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Webinars, Videos, and Training > Spirit of the ADA
Pepsi with Brigid presents: The Penelope Impact - The impact of one child on a community
Published on Jan 20, 2017
At age 3, Penelope Lassman was placed in a segregated school in Evanston, Illinois. There was great fear about her going to a mainstream school because...
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Webinars, Videos, and Training > Spirit of the ADA
Unconcious Biases Final Cut HD 1080p
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Webinars, Videos, and Training > Spirit of the ADA
Solution Showcase: iPad Accessibility
Learn more about iPad accessibility and its use as a job accommodation.
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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)
§ 382.38 Seating accommodations
(a) On request of an individual who self-identifies to a carrier as having a disability specified in this paragraph, the carrier shall provide the following seating accommodations, subject...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MOUNTAIN STATES HEALTH ALLIANCE UNDER THE ADA
C. Qualified Interpreters
continue to try to communicate with the deaf or hard of hearing Patient or Companion for such purposes and to the same extent as they would have communicated with the person but for the disability...
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: #1 of 25 -- The NAD and the ADA
Rosenblum introduces the #ADA25 Video Series in honor of the 25th Anniversary of the Americans with Disabilities Act (ADA)....
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.130 General Prohibitions Against Discrimination
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
D. Stowing and Treatment of Personal Equipment
You should be familiar with the legal requirements for storage and treatment of personal equipment used by passengers with a disability, including ventilator/respirators, non-spillable batteries...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ILLINOIS STATE POLICE
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ILLINOIS STATE POLICE
The United States of America is referred to as the "United States"; the Illinois State Police as the "ISP"; the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12111 et...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
21. How should an employer handle leave for an employee covered by both the ADA and the Family and Medical Leave Act (FMLA)?
Example A: An employee with an ADA disability needs 13 weeks of leave for treatment related to the disability....
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Additional Access Publications > Providing Health Care for People with Disabilities: Competency Planning Checklists
Care Management/Care Coordination
#
Care Management / Care Coordination
(Adapted and excerpted from Disability-Competent Care Self-Assessment Tool***)
Yes
No
Unsure
Comments and follow...
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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)
382.101 What other boarding and deplaning assistance must carriers provide?
When level-entry boarding is not required, carriers must still take whatever actions are necessary to assist people with disabilities to get on and off aircraft....
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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)
14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
Department of Transportation
14 CFR Part 382
Nondiscrimination on the Basis of Disability in Air Travel
__________________________________________________________________...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Storing Wheelchairs and Other Assistive Devices in the Cabin
Storing Wheelchairs and Other Assistive Devices in the Cabin
Carriers must allow passengers with a disability using personal ventilators/respirators to bring their equipment, including...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA DJ 205-67-11
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA DJ 205-67-11
SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA
DJ 205-67-11
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Webinars, Videos, and Training > Spirit of the ADA
Senator Harkin Delivers Floor Speech in American Sign Language Upon Passage of the ADA
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Storing Assistive Devices in the Aircraft Cabin
Storing Assistive Devices in the Aircraft Cabin
You must allow passengers with a disability to bring their personal ventilators/respirators, including non-spillable batteries, on board...
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: #2 of 25 -- Passage of the ADA
Third photo shows President Bush signing the Americans with Disabilities Act. Text appears "ADA25 -- Americans with Disabilities Act"....