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 > 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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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 > 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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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 > Technical Assistance > Department of Transportation Disability Law Guidance: Use of "Segways" on Transportation Vehicles
Department of Transportation Disability Law Guidance: Use of "Segways" on Transportation Vehicles
The Segway is not designed primarily for use by individuals with disabilities, nor is it used primarily by such individuals. ...
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Products and Additional Resources > Products
McGuire Associates Disability Evacuation Plan (DEP)
The Americans with Disabilities Act (ADA) mandates that all emergency evacuation plans include measures to ensure the safe evacuation of people with disabilities....
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: #7 of 25 -- America's First ADA Jury Trial
Do you know the first Americans with Disabilities Act (ADA) case? The NAD was involved and won! NAD Attorney Caroline Jackson shares some history behind the first case....
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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)]
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Do I still get priority stowage for my folding wheelchair if the pilot happens to have his personal belongings in that space when I pre-board?
QUESTION: On aircraft that must have a priority stowage space in the cabin for my personal folding wheelchair, do I still get priority stowage for my folding wheelchair if the pilot...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Wheelchairs Unable to be Stowed in the Cabin as Carry-on
Wheelchairs Unable to be Stowed in the Cabin as Carry-on
When a folding, collapsible, or break-down wheelchair cannot be stowed in the cabin as carry-on baggage, carriers must...
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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)
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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)(2) Assessment factors
(2) Assessment factors. In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a reasonable modification under paragraph...
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Legal Documents > United States of America v. State of Florida - Final Order of Dismissal
A.
Department is not a ''person alleging discrimination.''4
The Americans With Disabilities Act ("ADA") sets forth various prohibitions against disability-discrimination....
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Products and Additional Resources > Survey and Plan Review Tools > CASI Accessibility Construction Inspection Checklist
CASI Accessibility Construction Inspection Checklist
CASI
ACCESSIBILITY CONSTRUCTION INSPECTION CHECKLIST
The CASI Professional Practice Standards Committee in collaboration with the California Commission on Disability Access (CCDA)...
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Products and Additional Resources > Survey and Plan Review Tools > CALBO Accessibility Construction Inspection Checklist
CALBO Accessibility Construction Inspection Checklist
CALBO
ACCESSIBILITY CONSTRUCTION INSPECTION CHECKLIST
The CALBO Access Committee in collaboration with the California Commission on Disability Access (CCDA) checklist committee is...
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
Questions and Answers: Transportation Services for Individuals with Disabilities
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity and access for persons with disabilities...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA
Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended....
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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)(2) and 36.105(d)(2)—Predictable Assessments
In crafting the Act, Congress hewed to the ADA definition of ‘‘disability,’’ which was modeled on the definition of ‘‘disability’’ in the Rehabilitation Act, and indicated that it wanted...
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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)
General Requirements of Part 382
In a nutshell, the main requirements of Part 382 regarding service animals are:
Carriers shall permit dogs and other service animals used by persons with disabilities to accompany...
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Federal Documents > Technical Assistance > ADA Update - A Primer for Small Business
Wheelchairs and Other Power-Driven Mobility Devices
Advances in technology have given rise to new power-driven devices that are not necessarily designed for people with disabilities, but are being used by some people with disabilities for...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Requirements for Renovation or New Construction
Employers planning alterations to their facilities or new construction should contact the Office on the Americans with Disabilities Act in the U.S....
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Federal Documents > Technical Assistance > ADA Update - A Primer for Small Business
Communicating with Customers
When dealing with customers who are blind or have low vision, those who are deaf or hard of hearing, or those who have speech disabilities, many business owners and employees are not sure...