Search Results "Defenses"

• Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
  Section 35.151(b) Alterations

  A covered title II entity may not use the disproportionality exception contained in the path of travel provisions as a defense to providing an accessible route as part of its obligation...

• 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)
  Section 35.151(b) Alterations (Section-by-Section Analysis)

  A covered title II entity may not use the disproportionality exception contained in the path of travel provisions as a defense to providing an accessible route as part of its obligation...

• Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
  What Kind Of Documentation Is Sufficient To Support A Request For Testing Accommodations?

  also require public and private testing entities to provide modifications and auxiliary aids and services for individuals with disabilities unless the entity can demonstrate an applicable defense...

• Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
  B. Public Comments Regarding the Effects of the Rule on Small Movie Theaters

  coverage of analog theaters; providing a longer compliance date for the requirements of the rule; the breadth of the definition of “movie theater”; and the application of the undue burden defense...

• Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
  Phase I: Education and Labor Committee

  They also developed a procedure whereby the attorney general could certify state or local building codes that met ADA accessibility standards, which would be a defense against discrimination...

• Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
  7.2. Public Comments Regarding the Effects of the Rule on Small Movie Theaters

  coverage of analog theaters; providing a longer compliance date for the requirements of the rule; the breadth of the definition of “movie theater”; and the application of the undue burden defense...

• State and Local Documents > Codes and Standards > 2022 California Standards
  DISABILITY

  whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity, even if the public entity asserts, or may or does ultimately establish, a defense...

• Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
  Readily Achievable (Section-by-Section Analysis)

  That is, a company might have ample financial resources and, at first glance, appear to have no defense for not having included a particular accessibility feature in a given product....

• 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)
  Conflict of Law Waivers and Equivalent Alternative Determinations

  As a general matter, a carrier that does not file a request for a waiver, or whose request is denied, cannot then raise the alleged existence of a conflict with foreign law as a defense...

• 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)
  Reduced scoping for play areas and other recreation facilities. (Section-by-Section Analysis)

  Many commenters were of the view that the exemption was not necessary because concerns of financial burden are addressed adequately by the defenses inherent in the standard for what constitutes...

• Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
  Building a Winning Record

  The activities of the disability community in the 1980s may largely be viewed as a defensive effort to sustain the gains of the 1970s....

• Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
  §35.150 Existing facilities (Section-by-Section Analysis)

  This paragraph does not establish an absolute defense; it does not relieve a public entity of all obligations to individuals with disabilities....

• Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
  The Government Response

  In addition to his personal experiences with disability, Bush’s leadership of the Task Force on Regulatory Relief and the disability community’s defensive effort helped convinced Bush of...