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 > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through July 2003)
§ 382.41 Stowage of personal equipment
(a) All stowage of qualified individuals with a disability wheelchairs and other equipment covered by this Part in aircraft cabins shall be in accordance with 14 CFR 121.589 and 14 CFR 121.285...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q8: Does the Amendments Act affect a school district's obligation to provide a free appropriate public education as described in the Section 504 regulation?
obligation to provide a free, appropriate public education (FAPE), as described in the Section 504 regulation; rather, it amends Section 504 to broaden the potential class of persons with disabilities...
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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)
How can airline personnel help ensure that passengers with service animals are assigned and obtain appropriate seats on the aircraft?
Let passengers know the airline’s policy about seat assignments for people with disabilities. For instance: (1) should the passenger request preboarding at the gate?...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Four Specific Situations in which a Seating Accommodation Must be Provided
Four Specific Situations in which a Seating Accommodation Must be Provided
If a passenger self-identifies as an individual with a disability, there are four specific situations where...
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Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
18. What dispute resolution mechanisms are available if a parent believes that a school district has improperly denied or limited his or her child’s access to a particular auxiliary aid or service under Title II or has not made FAPE available under the IDEA?
Regardless of whether or not the student also is eligible under the IDEA, a parent of a student with a disability can file a Title II complaint regarding the denial or limitation of a particular...
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Legal Documents > United States of America v. State of Florida - Final Order of Dismissal
III.
The Department's claim for relief in this case seeks to augment the manner in which the State has chosen to deliver its service system for children with disabilities....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Wheelchairs Unable to be Stowed in the Aircraft Cabin as Carry-on
baggage, you must ensure the timely checking and return of the passenger’s wheelchair or other assistive device as close as possible to the door of the aircraft, so that the passenger with a disability...
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Federal Documents > Technical Assistance > A Guide to Disability Rights Laws
ADA Title I: Employment
Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities...
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Federal Documents > Technical Assistance > Fact Sheet: Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
1. Adoption of the 2010 ADA Standards for Accessible Design
1. Adoption of the 2010 ADA Standards for Accessible Design. The Department has adopted revised ADA design standards that include the relevant chapters of the Access Board´s 2004...
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Federal Documents > Regulations > 24 CFR Part 8—Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development (with amendments issued through Dec. 2007)
§8.4(a)
(a) No qualified individual with handicaps shall, solely on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to...
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Federal Documents > Technical Assistance > Department of Transportation Disability Law Guidance: Questions and Answers Concerning Wheelchairs and Bus and Rail Service
May a transit operator deny boarding to a rider whose wheelchair is difficult to secure?
No. If the transit operator has a policy that requires securement, or if a rider asks that the wheelchair be secured, Section 37.165(f) of the DOT ADA regulations requires...
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
May a transit operator deny boarding to a rider whose wheelchair is difficult to secure?
No. If the transit operator has a policy that requires securement, or if a rider asks that the wheelchair be secured, Section 37.165(f) of the DOT ADA regulations requires transit...
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Additional Access Publications > 5 “G’s” Getting Access to Health Care for People with Physical Disabilities
5. Getting Changes Made
You made it through your visit, but you noticed some accessibility problems that need to be fixed. What do you do next?
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT DJ # 204-67-174
SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ # 204-67-174...
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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)(viii) and 36.105(d)(1)(viii)—Determination Made Without Regard to the Ameliorative Effects of Mitigating Measures
The ADA Amendments Act revised the definition of ‘‘disability’’ and the Department agrees that the Act’s prohibition on assessing the ameliorative effects of mitigating measures applies...
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Legal Documents > Colorado Cross-Disability Coalition, et al. Plaintiffs, v. Abercrombie & Fitch Co., et al., Defendants. - Statement of Interest on the Parties' Motions for Summary Judgment
THE UNITED STATES OF AMERICA’S STATEMENT OF INTEREST ON THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT
States files this Statement of Interest because the pending motions for summary judgment raise questions about the proper interpretation and application of title III of the Americans with Disabilities...
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Webinars, Videos, and Training > Spirit of the ADA
The Protection & Advocacy (P&A) System
There are a lot of ways to stand up for disability rights....
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Webinars, Videos, and Training > Continuing education > ADA Facilities Compliance Continuing Education Courses & Resources
Typical Day One - Basic Facilities Requirements
Title II and Title III Responsibilities (45 - 75 minutes)
You will review key definitions such as public accommodation, commercial facility and disability....
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Additional Protections from Discrimination
Public school students with disabilities have the right to be free from discrimination based on disability; are entitled to an equal opportunity regardless of disability; and have the right...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Scenario 8 – Accessibility
Ayana, who is unable to walk upstairs due to her disability, is dismayed when she discovers that the art studio is on the second floor; she had planned to take an art class the following...
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Federal Documents > Technical Assistance > ADA Information Services
Job Accommodation Network (JAN)
Job Accommodation Network (JAN), is funded by the Department of Labor to provide advice on accommodating employees with disabilities....
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Federal Documents > Technical Assistance > Access to Medical Care for Individuals with Mobility Disabilities
Is it OK to examine a patient who uses a wheelchair in the wheelchair, because the patient cannot get onto the exam table independently?
What is important is that a person with a disability receives equal medical services to those received by a person without a disability....
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Webinars, Videos, and Training > Spirit of the ADA
What the Wilderness is Like for Someone in a Wheelchair - Rolling On, Episode 4
Alvaro Silberstein has a passion for nature. He’s also paralyzed from the chest down. Watch how he became the first person in a wheelchair to complete a famous trek in Chile. Go to...
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Webinars, Videos, and Training > Spirit of the ADA
What It's Like to Navigate Chicago in a Wheelchair - Rolling On, Episode 1
When she was 20, Michele Lee suffered a car accident. Follow along to see how she now explores downtown Chicago in a wheelchair. Go to g.co/LGa11y and find out how Local Guides can...