The Department’s title III regulation implementing title III’s auxiliary aid provision reiterates the obligation of covered entities to ensure equally effective communication with individuals...
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1.1. Purpose and Need for Rule and Scope of Regulatory Assessment
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Two-tiered definitional approach. (Section-by-Section Analysis)
Commenters supported the Department's proposal to use a two-tiered definition of mobility device....
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Visible Alarms in Guest Rooms with Communication Features
One commenter sought confirmation of its understanding of visible alarm requirements from the Department....
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Wheelchair Spaces/Companion Seats
Owners of large assembly areas have historically complained to the Department that the requirement for one percent (1%) of seating to be wheelchair seating is excessive and that wheelchair...
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§35.130(b)(2) (Section-by-Section Analysis)
The Department recognizes that promoting integration of individuals with disabilities into the mainstream of society is an important objective of the ADA and agrees that, in most instances...
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Sections 35.108(d)(3) and 36.105(d)(3)—Condition, Manner, or Duration
At that time, the Department noted that ‘‘[a] person is considered an individual with a disability . . . when the individual’s important life activities are restricted as to the conditions...
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Section 36.406 Standards for New Construction and Alterations (Section-By-Section Analysis and Response to Comments)
As proposed in this Department's proposed rule, Sec.36.406(a) adopts ADAAG as the accessibility standard applicable under this rule....
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Section 36.208(c) (Section-By-Section Analysis and Response to Comments)
The Department believes that to preclude all such inquiries would be inappropriate....
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Section 36.404 Alterations: Elevator Exemption (Section-By-Section Analysis and Response to Comments)
It has been brought to the attention of the Department that there is some misunderstanding about the scope of the elevator exemption as it applies to the professional office of a health...
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‘‘Facility.’’ (Preamble, Section-by-Section Analysis)
The Department therefore will not interpret the new construction and alterations provisions of subpart D to apply to the types of facilities discussed here, pending further development of...
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Inputs
Inputs The Department sought public comment on whether there was a need to revise the proposed requirement for tactilely discernible input controls to allow for accessible touch screen...
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Subpart D—Preschool, Elementary, and Secondary Education
It is not the intention of the Department, except in extraordinary circumstances, to review the result of individual placement and other educational decisions, so long as the school district...
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Thresholds at Exterior Doors/Thresholds to Balconies or Decks
to these concerns, and mindful that Congress did not intend the accessibility requirements of the Act to override the need to protect the physical integrity of multifamily housing, the Department...
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11B-206.2.1 Site arrival points
Department of Transportation and most State departments of transportation are revising their design standards and regulations for the public right of way based on recent research and guidelines...
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Disability (Section-by-Section Analysis)
The Education and Labor Committee report makes clear that the analysis of the term "individual with handicaps" by the Department of Health, Education, and Welfare (HEW) in its regulations...
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I. Plan Development
unaware of; conduct hazard analyses to help identify hazards specific to the workplace; develop a method to identify visitors with special needs; and contact local fire, police, and HazMat departments...
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References
Economics and Statistics Administration, US Department of Commerce. Chirikos, T.N. (1986). Accounting for the historical rise in work disability prevalence....
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Facility (Section-By-Section Analysis and Response to Comments)
The Department therefore will not interpret the new construction and alterations provisions of subpart D to apply to the types of facilities discussed here, pending further development of...
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Section 37.141 Requirements If a Joint Plan is Submitted
Section 37.141 Requirements If a Joint Plan is Submitted The Department believes that, particularly in large, multi-provider regions, a coordinated regional paratransit plan and system...
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11B-206.2.1 Site arrival points
Department of Transportation and most State departments of transportation are revising their design standards and regulations for the public right of way based on recent research and guidelines...
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8. What are auxiliary aids and services? What does it mean to provide effective communication?
Dep’t of Justice, ADA Requirements: Effective Communication (Jan. 31, 2014), at www.ada.gov/effective-comm.htm; see also U.S. Dep’t of Justice and U.S....
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One: Does the individual have an impairment?
lymphatic and endocrine.8 A mental impairment is a mental or psychological disorder.9 Examples include mental retardation, emotional or mental illness, and organic brain syndrome.10 The Department’s...
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Wheelchair Accessible Telephones
The Department believes these scoping requirements for wheelchair accessible telephones are reasonable and will not result in burdensome obligations or lost revenue for owners and operators...
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16. What should an employer do when another federal law prohibits it from hiring anyone with a hearing impairment?
These positions are subject to hearing requirements and other standards enforced by the Department of Transportation (DOT)....