Under the Department of Justice rules (28 C.F.R. 36.403), the cost of providing an accessible "path of travel" to the altered area is considered "disproportionate" when the cost exceeds...
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15. When are "path of travel" obligations triggered?
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31. Must an employer provide a reassignment if it would violate a seniority system?
Generally, it will be "unreasonable" to reassign an employee with a disability if doing so would violate the rules of a seniority system.(92) This is true both for collectively bargained...
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Portable tactile maps
Other rules of thumb include restrictions on crowding, and proper use of Braille labeling (Edman, 1992). ...
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Companions
To prevent potential abuse of this provision, the rule provides that a companion (e.g., friend or family member) does not count as a personal care attendant unless the eligible individual...
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Knee & Toe Space [M303.2.4]
Knee & Toe Space [M303.2.4] Recommendation: The final subcommittee’s recommendations increased the overall knee and toe space to a minimum of 28 inches, from the initially proposed...
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The Government Response
Since the ADA’s advocates were not pushing for immediate passage, the bill drew neither the press coverage nor the opposition it would when the bill became a serious proposal in 1989....
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III. Background
., 527 U.S. 471, 482 (1999), the Court ruled that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating...
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Rulemaking History
Proposed guidelines for state and local government facilities, including pedestrian facilities in the public right-of-way, were initially issued in 1992. 57 FR 60612 (December 21, 1992)....
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Equipment and furniture.
When the title III regulation was initially proposed in 1991, it contained a provision concerning accessible equipment, which required that newly purchased furniture or equipment that was...
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Usable (Section-by-Section Analysis)
The Trace Center recommended some minor editorial changes to the definition as proposed. Response....
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Issue 12: Audible beaconing
Proposed MUTCD has recommendations for audible beaconing in section 4E.06. ...
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Location
Proposed MUTCD revisions and draft PROWAG, supported by recent research2, specify that each APS device shall be installed on a separate pole....
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5.4.6 Transfer Support Gripping Surface Cross Section and Clearances for M301, M302, and M305.2
NPRM Proposed Provision: gripping surface cross section not addressed....
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5.8.2.5 Toe Height Recommendation
This higher 18-inch measurement (compared to the originally proposed 9-inch toe height) would also minimize the chance of the breast platform hitting patients’ toes when the breast platform...
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Allowances for Typical Roadway Geometry
The proposed guidelines include the following allowances for typical roadway geometry: The grade of pedestrian access routes within sidewalks is permitted to equal the general grade...
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Captioning at sporting venues. (Section-by-Section Analysis)
Therefore, in § 36.303(g), the Department is proposing that sports stadiums with a capacity of 25,000 or more provide captioning for patrons who are deaf or hard of hearing for safety and...
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Captioning at sporting venues. (Section-by-Section Analysis)
Therefore, the Department is proposing requiring that sports stadiums with a capacity of 25,000 or more provide captioning for patrons who are deaf or hard of hearing for safety and emergency...
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The Research
The third and final phase of the project proposed that a small talking tactile exhibit be designed, fabricated and installed at the participating aquarium to demonstrate the results of the...
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III-9.3000 Procedure: Application and preliminary review
notice of its intent to request certification and notice of a hearing. 3) The agency has to hold a hearing within the State or locality at which the public is invited to comment on the proposed...
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M304 Diagnostic Equipment Used by Patients in Standing Position
The proposed standards do not require diagnostic equipment to support more than one position....
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§35.150 Existing facilities (Section-by-Section Analysis)
The proposed rule provided that, aside from structural changes, all other necessary steps to achieve compliance with this part must be taken within sixty days....
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Equipment and furniture. (Section-by-Section Analysis)
In the NPRM, the Department announced its intention not to regulate equipment, proposing instead to continue with the current approach, under which equipment and furniture are covered by...
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Section 36.301 Eligibility Criteria (Preamble, Section-by-Section Analysis)
Section 36.301 Eligibility Criteria Section 36.301 of the rule prohibits the imposition or application of eligibility criteria that screen out or tend to screen out an individual with...
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2. Netflix’s Watch Instantly Service Falls Within the Enumerated Categories of Public Accommodations
Yeskey, 524 U.S. 206, 211 (1998) (ruling that ADA applies to prisons, even if “Congress did not envision that the ADA would be applied to state prisoners”) (citation and internal punctuation...