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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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...
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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 > 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...
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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)
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)
Nondiscrimination on the Basis of Disability in Air Travel
73 FR 27614, May 13, 2008, as modified by:
Correction Notice of 74 FR 11469, March 18, 2009
Correction Notice...
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Federal Documents > Technical Assistance > Access to Medical Care for Individuals with Mobility Disabilities
Radiologic Equipment
Many radiologic technologies also require the patient to keep still, which may be very difficult for some individuals with a mobility disability, including those with spasticity, tremor,...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Section 36.309 Examinations and Courses (Preamble, Section-by-Section Analysis)
Paragraph (a) restates section 309 of the Americans with Disabilities Act....
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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 > Technical Assistance > The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities
FEDERAL LAWS PROTECTING THE RIGHT TO VOTE
FEDERAL LAWS PROTECTING THE RIGHT TO VOTE
The Americans with Disabilities Act (ADA) is a federal civil rights law that provides protections to people with disabilities that are similar...
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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
§35.140 Employment Discrimination Prohibited
The Department, together with the other Federal agencies responsible for the enforcement of Federal laws prohibiting employment discrimination on the basis of disability, recognizes the...
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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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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q6. Does the Amendments Act address the "major life activities" referred to in the Section 504 and Title II regulations?
Because the definition of disability in the ADA applies to Section 504, all the examples of major life activities listed in the Amendments Act also constitute major life activities under...
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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)
382.99 What agreements must carriers have with the airports they serve?
382.99 What agreements must carriers have with the airports they serve? Consistent with the present rule, carriers serving U.S. airports must have agreements with the airport...
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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)
§382.19(c)
(c) You may refuse to provide transportation to any passenger on the basis of safety, as provided in 49 U.S.C. 44902 or 14 CFR 121.533, or to any passenger whose carriage would...
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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)
382.81 For which passengers must carriers make seating accommodations?
382.81 For which passengers must carriers make seating accommodations?
ETA Editor's Note
This section has no content in the original document.
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
10.3 Questions and Answers on the ADA Enforcement Process
10.3 Questions and Answers on the ADA Enforcement Process
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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)
§382.99 What agreements must carriers have with the airports they serve?
[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 74 FR 11471, Mar. 18, 2009]
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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)
§382.101 What other boarding and deplaning assistance must carriers provide?
When level-entry boarding and deplaning assistance is not required to be provided under this subpart, you must, as a carrier, provide or ensure the provision of boarding and...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.7 Discrimination prohibited.
[44 FR 31468, May 31, 1979, as amended at 68 FR 51390, Aug. 26, 2003; 79 FR 21405, Apr. 16, 2014; 80 FR 13260, Mar. 13, 2015]
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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)
§8.33 Housing adjustments.
A recipient shall modify its housing policies and practices to ensure that these policies and practices do not discriminate, on the basis of handicap, against a qualified individual...
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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)
§8.13 Preemployment inquiries.
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
PREFACE
The first version of the Americans with Disabilities Act (ADA) that went before Congress was crafted by President Ronald Reagan’s appointees to the National Council on Disability....
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Additional Access Publications > Using a Fitness Center Does Not Have to be an Exercise in Frustration: Tips for People with Mobility and Visual Disabilities
4.5 Other Tips for Making Equipment More Useable
Staff may not be familiar with your disability and may have limited knowledge about adapting activities. ...