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 (ADA) of 1990 (with amendments issued through 2008)
Sec. 12102. Definition of disability. [Section 3]
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Federal Documents > Technical Assistance > A Guide to Disability Rights Laws
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Epilogue
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Products and Additional Resources > Disability Etiquette > Tips for Interacting with People with Disabilities
Interacting with People with Physical Disabilities
Mobility and physical disabilities also fall along a continuum, from people who have mild to significant limitations which can limit movement, strength, and endurance....
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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)
§ 36.205 Association.
accommodation shall not exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Mitigating measures
When determining if a person has a disability, a school cannot consider the ameliorative effects of mitigating measures when determining how the impairment impacts the major life activities...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
4. When should an individual with a disability request a reasonable accommodation?
An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
G. Medical Certificates: When are they Allowed?
Except under the circumstances described below, you must not require medical certification of a passenger with a disability as a condition for providing transportation....
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Disability
Under Section 504, an individual with a disability (also referred to as a student with a disability in the elementary and secondary education context) is defined as a person who: (1) has...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.205 Association
accommodation shall not exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability...
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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
Q3: Does the Amendments Act alter the Individuals with Disabilities Education Act (IDEA)?
financial assistance to states, and through them to local educational agencies or school districts, to assist in providing special education and related services to eligible children with disabilities...
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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)
How do I know if a passenger is a qualified individual with a disability who is entitled to bring a service animal in the cabin of the aircraft if the disability is not readily apparent?
Ask the passenger about his or her disability as it relates to the need for a service animal....
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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 July 2003)
§ 382.53 Medical certificates
(a) Except as provided in this section, a carrier shall not require a person who is otherwise a qualified person with a disability to have a medical certificate as a condition for being...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
When is a person “regarded as” having a disability?
When is a person “regarded as” having a disability?...
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Additional Access Publications > Accommodation and Compliance Series: Employees with Autism Spectrum Disorder
ASD and the Americans with Disabilities Act
ASD and the Americans with Disabilities Act
Is ASD a disability under the ADA?
The ADA does not contain a list of medical conditions that constitute 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)
§1630.4 Discrimination prohibited.
[76 FR 17002, Mar. 25, 2011]
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
You must not refuse transportation to a passenger solely on the basis of a disability
You must not refuse transportation to a passenger solely on the basis of a disability. [Sec. 382.31(a)]...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
You shall not limit the number of individuals with disabilities on a particular flight
You shall not limit the number of individuals with disabilities on a particular flight. [Sec. 382.31(c)]...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
Qualified individual with a disability (Section-by-Section Analysis)
"Qualified individual with a disability."...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12101(a)(1)
(1) physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded...
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.13(b) Examination or Inquiry of Employees
Section 1630.13(b) Examination or Inquiry of Employees
The purpose of this provision is to prevent the administration to employees of medical tests or inquiries that do not...
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Products and Additional Resources > Disability Etiquette > Real-Time Communication Etiquette for Communicating with Customers with Disabilities
Fine Motor Impairments
Fine Motor Impairments
People with fine motor impairments may have limited use of one or both hands or no use of the hands and fingers. When communicating over the telephone with...
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Additional Access Publications > Why Design for Accessibility?
Why Design for Accessibility?
,
People with temporary disabilities....
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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
‘‘Qualified individual with a disability.’’
‘‘Qualified individual with a disability.’’...