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 > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.2(o)(4)
(4) A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability under the “actual...
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Who is Protected by the ADA?
However, it does apply to people whose disability is substantial but can be moderated or mitigated, such as someone with diabetes that can normally be controlled with medication or someone...
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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 May carriers refuse to provide transportation on the basis of disability?
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
You may refuse transportation to the individual with a disability if it would endanger the safety of the aircraft
If transportation of a passenger with a disability would endanger the safety of the aircraft or the health or safety of its passengers or violate an FAA safety regulation, you may refuse...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title II Highlights (revised in 2008)
III. "Qualified Individuals with Disabilities"
Title II of the Americans with Disabilities Act provides comprehensive civil rights protections for "qualified individuals with disabilities."...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
6. May an employer ask an individual for documentation when the individual requests reasonable accommodation?
When the disability and/or the need for accommodation is not obvious, the employer may ask the individual for reasonable documentation about his/her disability and functional limitations...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Chapter 6 BUILDING AN EVACUATION PLAN FOR A PERSON WITH A COGNITIVE DISABILITY
A cognitive disability prevents a person from using or accessing building features due to an inability to process or understand the information necessary to use the features....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12101(a)(1)
(1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older;...
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Products and Additional Resources > Disability Etiquette > Real-Time Communication Etiquette for Communicating with Customers with Disabilities
Cognitive Impairments
Cognitive Impairments
People with cognitive impairments may have problems with memory and concentration, understanding oral communication, and learning. When communicating in...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
May I ask an individual what his or her disability is?
May I ask an individual what his or her disability is? Only to determine if a passenger is entitled to a particular seating accommodation pursuant to section 382.38....
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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)
§ 36.311(c)(1) Inquiry about disability
(1) Inquiry about disability....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Are airlines allowed to charge for providing services to passengers with disabilities?
QUESTION: Are airlines allowed to charge for providing services to passengers with disabilities?...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Who Is Protected by Title I?
A qualified individual with a disability is:
An individual with a disability who meets the skill, experience, education, and other job-related requirements of a position held or desired...
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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)
§ 36.105(a)(2)(i)
(i) The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.108(a)(2)(i)
(i) The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
§ 36.104 Definitions
Amend § 36.104 by revising the definition of ‘‘Disability’’ to read as follows:
§ 36.104 Definitions.
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Disability....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
§ 35.104 Definitions
Amend § 35.104 by revising the definition of ‘‘Disability’’ to read as follows:
§ 35.104 Definitions.
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Disability....
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Webinars, Videos, and Training > Spirit of the ADA
How to Interact with Disabled People | Victoria Hamilton | TEDxYouth@Columbia
Victoria Hamilton (College of Charleston, ‘14) is changing how the world views disabled people in higher education....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-2.1000 General
Title III of the ADA prohibits discrimination against any "individual with a disability. " People commonly refer to disabilities or disabling conditions in a broad sense....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.104 and 36.104—Definitions
Sections 35.104 and 36.104—Definitions
The current title II and title III regulations include the definition of ‘‘disability’’ in regulatory sections that contain all enumerated definitions...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Standards that exclude an entire class of individuals with disabilities
Standards that exclude an entire class of individuals with disabilities
"Blanket" exclusions of this kind usually have been established because employers believed them to be necessary...
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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)
§ 36.101(b) Broad coverage
The primary purpose of the ADA Amendments Act is to make it easier for people with disabilities to obtain protection under the ADA....
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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)
§382.113 What services are carriers not required to provide to passengers with a disability on board the aircraft?
As a carrier, you are not required to provide extensive special assistance to qualified individuals with a disability....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
The Smith-Fess Act
into law by President Woodrow Wilson, the Smith-Fess Act (also known as the Civilian Vocational Rehabilitation Act) establishes the Vocational Rehabilitation program for Americans with disabilities...