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 > 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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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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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 > 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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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 > 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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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 > 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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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.1 Overview.
49 CFR § 27.19 (a)); and
5. 49 CFR part 27, which requires airports to ensure that terminal facilities and terminal services are readily accessible to and usable by individuals with disabilities...
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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
Requires the Registered User plan or above.
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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"....
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Architectural Barriers Act (ABA) and the Americans with Disabilities Act (ADA)
Our other authorities are under the Americans with Disabilities Act of 1990 are our architectural piece – our guidelines under the ADA – are a very small piece of the ADA....
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Federal Documents > Technical Assistance > Access to Medical Care for Individuals with Mobility Disabilities
Can I tell a patient that I cannot treat her because I don’t have accessible medical equipment?
You cannot deny service to a patient whom you would otherwise serve because she has a disability. You must examine the patient as you would any patient....
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Federal Documents > Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports
§ 382.43 Must information and reservation services of carriers be accessible to individuals with visual, hearing, and other 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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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)
§382.127 What procedures apply to stowage of battery-powered mobility aids?
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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)
382.127 What procedures apply to the stowage of battery-powered mobility aids?
382.127 What procedures apply to the stowage of battery-powered mobility aids? This provision does not make substantive changes from its counterpart in the existing rule, except to...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
You must allow passengers to safely stow their wheelchairs
You must allow passengers to safely stow their wheelchairs or parts of wheelchairs (e.g., wheels, seats, etc.) in the overhead bin or under seats. [Sec. 382.41(e)(1)]