Early in the review process, based on evidence from the initial data collection activities, the staff prepared a series of proposals for changes to the existing standard. Dr....
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Standards Development
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Sections 35.108(e) and 36.105(e)—Has a Record of Such an Impairment
Paragraph (3) of the definition of ‘‘disability’’ in the existing title II and title III regulations states that the phrase ‘‘has a record of such an impairment’’ means has a history of,...
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Section 36.301 Eligibility Criteria (Section-By-Section Analysis and Response to Comments)
Section 36.301 also prohibits attempts by a public accommodation to unnecessarily identify the existence of a disability; for example, it would be a violation of this section for a retail...
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Readily achievable (Advisory Guidance)
However, the ADA applies the term to the removal of barriers in existing public accommodations....
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Compliance date. (Section-by-Section Analysis)
The purpose of the proposed six-month delay in requiring compliance with the 2010 Standards was to allow covered entities a reasonable grace period to transition between the existing and...
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Capacity Constraints
the other hand, if the entity regularly does not maintain its vehicles well, such that frequent mechanical breakdowns result in missed trips or late arrivals, a pattern or practice may exist...
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§35.130 General Prohibitions Against Discrimination
§35.130 General Prohibitions Against Discrimination The general prohibitions against discrimination in the rule are generally based on the prohibitions in existing regulations implementing...
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