Notwithstanding §100.145, the self-test report or results may be obtained and used by an aggrieved person, applicant, department or agency solely to determine a penalty or remedy after the...
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§100.146 Limited use of privileged information.
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4.1.4(10)* MERCANTILE
Facilities Department stores Drug stores Markets Retail stores Shopping centers Sales rooms * See Part 7 for special applications....
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California Hosts First Youth Leadership Forum
Department of Labor soon begins funding other states to develop similar forums in recognition of the important role youth leadership opportunities play in promoting positive employment outcomes...
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§100.50(a)
(a) This subpart provides the Department's interpretation of conduct that is unlawful housing discrimination under section 804 and section 806 of the Fair Housing Act....
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Additions—Section 202.2 of the 2010 Standards
Because the Department is precluded from permitting the use of an alternative standard that might reduce accessibility for individuals with disabilities in housing settings without notice...
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Section 37.83 Remanufacture of Rail Vehicles and Purchase or Lease of Remanufactured Rail Vehicles by Public Entities Operating Rapid or Light Rail System
., San Francisco cable cars), the Department would not object to a request for application of the exception on a system-wide, as approved to car-by-car, basis....
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Section 36.303 Auxiliary Aids and Services (Section-By-Section Analysis and Response to Comments)
The Department has added videotext displays, computer-aided transcription services, and open and closed captioning to the list of examples....
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Line of Sight and Dispersion of Wheelchair Spaces in Assembly Areas
In 1994, the Department issued official guidance interpreting the requirement for comparable lines of sight in the 1991 Standards to mean wheelchair spaces and companion seats in sports...
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B. Legal foundation for captioning and video description
It is the Department's view that the legislative history of the ADA and the Department's commentary in the preamble to the 1991 regulation make clear that Congress was not requiring open...
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Sections §§ 35.108(d)(1)(vii) and 36.105(d)(1)(vii)—Comparison of Individual’s Performance of Major Life Activity Usually Will Not Require Scientific, Medical, or Statistical Analysis
The Department received several comments in support of these provisions and a number of comments opposing all or part of them....
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"Readily achievable.'' (Preamble, Section-by-Section Analysis)
The Department believes that this complex issue is most appropriately resolved on a case-by-case basis....
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Common Use Circulation Paths in Employee Work Areas
The Department has consistently taken the position that barrier removal requirements do not apply to areas used exclusively by employees because the purpose of title III is to ensure that...
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Complaints
Second, the Department has a legitimate interest in ensuring that its legal requirements are implemented. It does not matter to the Department who brings a problem to its attention....
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2. Accessible lavatories
At the present time, however, the Department is concerned that the revenue loss and other cost impacts of requiring accessible lavatories on single-aisle aircraft could be too great....
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B. JURISDICTION
The ADA also requires the Department to conduct periodic compliance reviews of public accommodations. 42 U.S.C. § 12188(b)(1)(A)(i). 10. ...
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Section 35.151(b) Alterations (Section-by-Section Analysis)
The Department's proposed rule would amend § 35.151(b)(2) to make clear that the path of travel requirements of § 35.151(b)(4) do not apply to measures taken solely to comply with program...
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II. Statutory and Regulatory Background
The Department implemented the Act by a final rule published January 23, 1989 (54 FR 3232), and which became effective on March 12, 1989....
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Enactment of the ADA and Issuance of the 1991 Regulations
On July 26, 1991, the Department issued rules implementing title II and title III, which are codified at 28 CFR part 35 (title II) and part 36 (title III)....
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Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction
Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction In the NPRM, the Department proposed §§ 35.108(a)(2) and 36.105(a)(2), which set forth rules...
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§35.162 Telephone Emergency Services
Many commenters urged the Department to revise the section to make clear that direct access to telephone emergency services is required by title II of the ADA as indicated by the legislative...
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The Commenters
(BOCA); the State of Washington Building Code Council; the Seattle Department of Construction and Land Use; the Barrier-free Subcode Committee of the New Jersey Uniform Construction Code...
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§35.162 Telephone Emergency Services (Section-by-Section Analysis)
Many commenters urged the Department to revise the section to make clear that direct access to telephone emergency services is required by title II of the ADA as indicated by the legislative...
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Section 37.77 Purchase or Lease of New Non-Rail Vehicles by Public Entities Operating a Demand Responsive System for the General Public
The Department has been asked to clarify what “accessible when viewed in its entirety” means in the context of a demand responsive system being allowed to purchase an inaccessible vehicle...
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Visible Alarms in Alterations to Existing Facilities
Some commenters urged the Department not to include the exception and to make visible alarms a mandatory requirement for all spaces, both existing and new....