Sections 35.108(d)(1)(iv) and 36.105(d)(1)(iv)—Impairments That Are Episodic or in Remission The ADA as amended provides that ‘‘an impairment that is episodic or in remission is a disability...
Search Results "Disability"
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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Sections 35.108(d)(1)(iv) and 36.105(d)(1)(iv)—Impairments That Are Episodic or in Remission
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Sections 35.108(d)(1)(v) and 36.105(d)(1)(v)—Comparisons to Most People in the Population, and Impairment Need Not Prevent or Significantly or Severely Restrict a Major Life Activity
or mental impairments that would previously have been found to constitute disabilities are not considered disabilities under the Supreme Court’s narrower standard.’’ 154 Cong....
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Sections 35.108(d)(1)(vi) and 36.105(d)(1)(vi)—‘‘Substantially Limits’’ Shall Be Interpreted To Require a Lesser Degree of Functional Limitation Than That Required Prior to the ADA Amendments Act
Sept. 16, 2008) (Statement of the Managers) (‘‘This bill lowers the standard for determining whether an impairment constitute[s] a disability and reaffirms the intent of Congress that the...
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Sections §§ 35.108(d)(1)(vii) and 36.105(d)(1)(vii)—Comparison of Individual’s Performance of Major Life Activity Usually Will Not Require Scientific, Medical, or Statistical Analysis
One commenter representing individuals with disabilities expressed support for the proposed language, noting that ‘‘[m]any people with disabilities have limited resources and requiring them...
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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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Sections 35.108(d)(1)(ix) and 36.105(d)(1)(ix)—Impairment That Lasts Less Than Six Months Can Still Be a Disability Under First Two Prongs of the Definition
Sections 35.108(d)(1)(ix) and 36.105(d)(1)(ix)—Impairment That Lasts Less Than Six Months Can Still Be a Disability Under First Two Prongs of the Definition In §§ 35.108(d)(1)(ix) and...
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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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Sections 35.108(d)(3) and 36.105(d)(3)—Condition, Manner, or Duration
At that time, the Department noted that ‘‘[a] person is considered an individual with a disability . . . when the individual’s important life activities are restricted as to the conditions...
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Condition, Manner, or Duration
Several disability rights advocacy groups and individuals supported the NPRM approach, with some referencing the value of pointing to the rules of construction and their relevance to condition...
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Condition, Manner, or Duration Examples, Including Negative Effects of Mitigating Measures
An individual with specific learning disabilities may need to approach reading or writing in a distinct manner or under different conditions than most people in the general population, possibly...
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Emphasis on Limitations Instead of Outcomes
Because specific learning disabilities are neurologically-based impairments, the process of reading for an individual with a reading disability (e.g., dyslexia) is word-by-word, and otherwise...
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Analysis of Condition, Manner, or Duration Not Always Required
As noted earlier, the inclusion of these provisions addresses several comments from organizations representing persons with disabilities....
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Sections 35.108(d)(4) and 36.105(d)(4)—Examples of Mitigating Measures
supports and highlights that students [and individuals in other settings] may have developed self-imposed ways to support their disability in order to perform major life activities required...
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Sections 35.108(e) and 36.105(e)—Has a Record of Such an Impairment
For example, individuals misclassified as having learning disabilities or intellectual disabilities are protected from discrimination on the basis of that erroneous classification....
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Sections 35.108(f) and 36.105(f)—Is Regarded as Having Such an Impairment
Sections 35.108(f) and 36.105(f)—Is Regarded as Having Such an Impairment The ‘‘regarded as having such an impairment’’ prong of the definition of ‘‘disability’’ was included in the ADA...
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Sections 35.130(b)(7)(i)—General Prohibitions Against Discrimination and 36.302(g)—Modifications in Policies, Practices, or Procedures
accommodation under title III, ‘‘need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability...
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§ 36.104 Definitions
Amend § 36.104 by revising the definition of ‘‘Disability’’ to read as follows: § 36.104 Definitions. * * * * * Disability....
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§ 36.105 Definition of ‘‘disability.’’
the definition of ‘‘disability.’’...
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§1630.9 Not making reasonable accommodation.
[56 FR 35734, July 26, 1991, as amended at 76 FR 17002, Mar. 25, 2011]
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Disability
Disability—A medically definable condition that causes a limitation in one or more major life activities, such as walking, seeing, hearing, speaking, breathing, thinking, and so forth....
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Annex A THE ADA: A BEGINNING
Historically, society has tended to isolate and segregate people with disabilities....
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Title II and the IDEA
services because of that disability....
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Section 1630.9 Not Making Reasonable Accommodation
An individual with a disability is “otherwise qualified,” in other words, if he or she is qualified for a job, except that, because of the disability, he or she needs a reasonable accommodation...
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Congressional Hearings
The remaining witnesses were all from the disability community— persons and parents of persons with disabilities, and people who worked with disabled persons in such settings as independent...