Although the program accessibility standard offers public entities a level of discretion in determining how to achieve program access, in the NPRM, the Department proposed an addition to...
Search Results "Determination of Equivalency"
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
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ADA25: #22 of 25 -- Preservation of Relay Services
how much is paid per minute for each relay service, performance standards and expectations, , appropriate competition among all relay service companies, and the quality and functional equivalence...
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ADA25: #6 of 25 -- Title IV
Relay calls must be functionally equivalent to calls made by hearing people....
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2.1(a)(i) A Physical or Mental Impairment
A person's impairment is determined without regard to any medication or assistive device that s/he may use....
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Element-by-Element Safe Harbor
For example, a hotel must determine whether it is readily achievable to make its swimming pool accessible to people with mobility disabilities by installing a lift or a ramp as specified...
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Section 1193.39 Prohibited reduction of accessibility, usability and compatibility [1193.29 in the NPRM] (Section-by-Section Analysis)
The Board intends to highlight this item for attention in its market monitoring report to determine if this provision needs to be modified in the future....
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B. Accessibility
Before designating a facility as an emergency shelter, emergency managers and shelter operators need to determine if it is accessible....
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Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor
One commenter proposed that a previous record of barrier removal be one of the factors in determining, prospectively, what renders a facility, when viewed in its entirety, usable and accessible...
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382.29 May a carrier require a passenger with a disability to travel with a safety assistant?
When a passenger with a disability cannot travel on a flight because there is no seat available for a safety assistant that the carrier has determined to be necessary, the passenger must...
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§ 382.40a Boarding assistance for large aircraft
(4) Level-entry boarding assistance under the agreement is not required with respect to float planes or with respect to any widebody aircraft determined by the Department of Transportation...
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Communication Issues for Employers with Maximum Leave Policies
An employer may also request relevant information to assist in determining whether the requested extension will result in an undue hardship....
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"Light Duty" Jobs
This information will be useful in determining how to return the employee to productive work, but the employer bears the ultimate responsibility for deciding whether the individual is qualified...
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B. Regulatory Flexibility Act
Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities unless the agency determines...
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Doors in a Series
In finalizing this rule and incorporating its guidelines for recreation facilities, the Board determined that the specified height for door and gate hardware conflicts with industry practice...
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A. Purpose and Legal Authority
Additionally, the enforcing agencies will determine the application and scope of these standards, such as who must comply and the extent to which medical diagnostic equipment used by covered...
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ACTIONS TO BE TAKEN BY CAMP BRAVO
This determination will be made by Camp Bravo on an individualized, case-by-case basis, in compliance with federal law. ...
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3. The Release Provisions are Overbroad
The release provisions are ambiguous and it is difficult to determine, with any precision, what rights and claims the class members are waiving....
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Trailhead Information Signs [F216.13 and 1017.10]
For example, information about the height of any major obstacles, such as boulders in the trail tread, can help people determine if they can overcome these barriers....
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Benefits
Executive Order 13563 states that to the extent permitted by law federal agencies must “propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs...
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4. Federal Appellate Case Law Addressing Captioning and Audio Description
In April 2010, the first and only Federal appellate court to squarely address the question of whether captioning and audio description are required in movie theaters under the ADA determined...
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34. Does an employer have to allow an employee with a disability to work at home as a reasonable accommodation?
Certain considerations may be critical in determining whether a job can be effectively performed at home, including (but not limited to) the employer's ability to adequately supervise the...
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10. Q: Do police departments have to arrange for a sign language interpreter every time an officer interacts with a person who is deaf?
The ADA requires that the expressed choice of the individual with the disability, who is in the best position to know her or his needs, should be given primary consideration in determining...