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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State and Local Documents > Laws > Americans with Disabilities Act Amendments Act of 2008
Americans with Disabilities Act Amendments Act of 2008
DISABILITY DEFINED AND RULES OF CONSTRUCTION.
(a) DEFINITION OF DISABILITY....
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Periodic Reevaluation of Students with Disabilities
Section 504 requires school districts to conduct periodic reevaluations of students with disabilities.74 Section 504 also requires school districts to conduct reevaluations prior to significant...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Under what circumstances in non-employment situations, may a public entity require documentation of a disability or information about a person’s medical condition?
A public entity may make inquiries about disability when they are necessary....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12131(2) Qualified individual with a disability
(2) Qualified individual with a disability
The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12111(8) Qualified individual with a disability
(8) Qualified individual with a disability.-- The term qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform...
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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)
§382.17 May carriers limit the number of passengers with a disability on a flight?
As a carrier, you must not limit the number of passengers with a disability who travel on a flight. (See also §382.27(c)(6) of this part.)
[Doc. No....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Campaign for Disability Employment
Campaign for Disability Employment
________________________________________________________________
9/18/2009
The Campaign for Disability Employment is launched....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
II. WHO IS PROTECTED BY THE ADA?
INDIVIDUAL WITH A DISABILITY
QUALIFIED INDIVIDUAL WITH A DISABILITY...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.3(b)
(b) However, the terms disability and qualified individual with a disability may not exclude an individual who:...
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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)
§1630.3(b)
(b) However, the terms disability and qualified individual with a disability may not exclude an individual who:...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
1. How must an individual request a reasonable accommodation?
While an individual with a disability may request a change due to a medical condition, this request does not necessarily mean that the employer is required to provide the change....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
THE AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED
THE AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED...
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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
Individuals with Disabilities Education Act (IDEA)
Individuals with Disabilities Education Act (IDEA)
Part B of the IDEA provides Federal funds to State educational agencies and through them local educational agencies (hereinafter school...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Who is Protected
To be protected under the ADA a person needs to meet the ADA’s definition of disability and be “qualified.”...
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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 36.205 Association (Preamble, Section-by-Section Analysis)
The individuals covered under this section include any individuals who are discriminated against because of their known association with an individual with a disability....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.205 Association (Section-By-Section Analysis and Response to Comments)
The individuals covered under this section include any individuals who are discriminated against because of their known association with an individual with a disability....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.5000 Discrimination on the basis of association
A public accommodation may not discriminate against individuals or entities because of their known relationship or association with persons who have disabilities....
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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)
"Disability.'' (Preamble, Section-by-Section Analysis)
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2.1 Introduction
2.1 Introduction
The ADA protects qualified individuals with disabilities from employment discrimination....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
APPENDIX I: Tips for Air Travelers with Disabilities
APPENDIX I
Tips for Air Travelers with Disabilities
There are some commonly used accommodations, facilities, and services that carriers are required to make available to passengers...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Mobilizing the Disability Community
affected the lives of persons with disabilities....
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Webinars, Videos, and Training > Spirit of the ADA
How to Interact with Customers with a Disability
In America, 54 million people live with a disability....
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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)
§1630.13(b) Examination or inquiry of employees
Except as permitted by §1630.14, it is unlawful for a covered entity to require a medical examination of an employee or to make inquiries as to whether an employee is an individual with a disability...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.13(b)
permitted by section 1630.14, it is unlawful for a covered entity to require a medical examination of an employee or to make inquiries as to whether an employee is an individual with a disability...