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 > 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)
§8.22 New construction—housing facilities.
[53 FR 20233, June 2, 1988, as amended at 56 FR 920, Jan. 9, 1991]
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State and Local Documents > Guidelines > Accessibility Guidebook for Outdoor Recreation and Trails
The Outdoors Are for Everyone—Fundamentals of Outdoor Recreation and Trails Accessibility
It's all about people having the opportunity to enjoy the outdoors. Public lands offer a wide range of recreation settings and opportunities from highly developed campgrounds to...
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Additional Access Publications > Emergency Travel Safety Tips for Overnight Stays
In Your Guest Room:
1. Pre-Plan Your Escape Routes:
1.1 Review the emergency exit plan and escape routes posted in your room, generally located on the back of the entry door.
1.1.1 Note all...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CAVALIERS OPERATING COMPANY, LLC
B. ACCESSIBLE TICKETING
Per 28 C.F.R. § 36.302(f)(4)(v), if a group includes one or more individuals who need to use Accessible Seating because of a mobility disability or because their disability requires the...
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Additional Access Publications > Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
June Isaacson Kailes MSW, Associate Director
Christie Mac Donald MPP, Senior Policy Analyst
Center for Disabilities Issues and the...
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Federal Documents > Technical Assistance > Guidance on Use of the International Symbol of Accessibility Under the Americans with Disabilities Act and the Architectural Barriers Act
Use of the ISA Under the ADA
The ADA Standards apply nationwide to places of public accommodation, commercial facilities, and state and local government facilities. Promulgated by the Department of Justice (28...
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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
Case Study #1: Auxiliary aids and services under Title II are different from special education and related services under the IDEA.
Effective Communication determination under Title II: Because Tommy is a student with a hearing disability already identified under the IDEA, the school district also has an affirmative...
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Webinars, Videos, and Training > Demonstrations of ADA Requirements
DOT: Traveling with Service Animals with Closed Captioning
A helpful video for individuals with disabilities who are traveling with a service animal to, from, or within the United States....
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Webinars, Videos, and Training > Demonstrations of ADA Requirements
NYC Board of Elections: Video 4 - Accessibility Maintenance
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: #12 of 25 -- Court Access
NAD Attorney Anna Bitencourt explains how the Americans with Disabilities Act (ADA) covers access in the courtroom. View the entire #ADA25 series at www.nad.org/ADA25....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Disability Discrimination
Disability Discrimination
Authorities on disability have often said, and I have quoted them on this floor before, that the history of society’s formal methods of dealing with people with...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Disability Protest
Disability Protest
Opposition to the delay in signing regulations developed from growing collaboration among people with disabilities....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Temporary Disabilities
Temporary Disabilities
Eligibility may be based on a temporary as well as a permanent disability....
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Federal Documents > Technical Assistance > ADA Information Services
Access Board
Access Board (or Architectural and Transportation Barriers Compliance Board) offers technical assistance on the ADA Accessibility Guidelines.
Publications and...
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Federal Documents > Technical Assistance > Department of Transportation Disability Law Guidance: Questions and Answers Concerning Wheelchairs and Bus and Rail Service
What kinds of securement equipment must be provided in buses and vans?
Section 38.23(d) of the DOT ADA regulations requires all ADA-compliant buses and vans to have a two-part securement system, one to secure the wheelchair, and a seat belt and...
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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 require that wheelchairs be secured in buses and vans?
Yes, if the transit operator has established such a policy, and the vehicle is required to be equipped with a securement system by 49 CFR Part 38. Section 37.165(c)(3) of the...
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Federal Documents > Technical Assistance > Department of Transportation Disability Law Guidance: Questions and Answers Concerning Wheelchairs and Bus and Rail Service
Does a wheelchair user have to use the seat belt and shoulder harness?
Under the broad nondiscrimination provisions in Section 37.5 of the DOT ADA regulations, a transit operator is not permitted to mandate the use by wheelchair users of seat...
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
What kinds of securement equipment must be provided in buses and vans?
Section 38.23(d) of the DOT ADA regulations requires all ADA-compliant buses and vans to have a two-part securement system, one to secure the wheelchair, and a seat belt and shoulder...
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
May a transit operator require that wheelchairs be secured in buses and vans?
Yes, if the transit operator has established such a policy, and the vehicle is required to be equipped with a securement system by 49 CFR Part 38. Section 37.165(c)(3) of the DOT ADA...
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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
4.3 Locker Room Barriers and Solutions
Barriers
Solutions
Easy/Low cost
Involved / High cost
Not enough space in front of the lockers
Ask staff to permanently assign...
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: #13 of 25 -- Jails and Prisons
Does the Americans with Disabilities Act (ADA) apply to those in jail or prison? Find out as NAD Attorney Debra Patkin explains what that looks like....
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Webinars, Videos, and Training > Spirit of the ADA
Disability Access - Tips for the small business
California Commission on Disability Access http://www.ccda.ca.gov...
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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
Determine All Your Evacuation Options and Prioritize Them
It is 20 degrees Fahrenheit / -.6 Centigrade outside, a temperature that would place you in immediate danger given your specific disability (given your zero tolerance for cold)....
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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)
§27.72 Boarding assistance for aircraft.
[80 FR 46514, Aug. 5, 2015]