., disability, race, color, religion, sex, national origin, age, retaliation); the issue or issues involved in the alleged discriminatory act(s) (e.g., hiring, promotion, wages,...
Search Results "Disability"
2010 ADA Definition
Disability: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
(1) The phrase physical or mental impairment means – (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; (ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism; (iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one´s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having an impairment means – (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a private entity as having such an impairment.
(5) The term disability does not include – (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
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How is a charge of discrimination filed?
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Reasonable Modification
Public entities must reasonably modify their rules, policies, and procedures to avoid discriminating against people with disabilities.19 Requiring a driver’s license as proof of identity...
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§ 382.23 Airport facilities
(b) Air carriers shall ensure that the terminal facilities and services subject to this section shall be readily accessible to and usable by individuals with disabilities, including individuals...
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‘‘direct threat’’
Arline, 480 U.S. 273 (1987), the Supreme Court recognized that there is a need to balance the interests of people with disabilities against legitimate concerns for public safety....
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Circulation Path
A circulation path is considered a usable circulation path if it meets one of the following criteria: A person with disabilities is able to travel unassisted through the circulation...
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Existing Facilities That Are Not Altered
The Department of Justice regulations implementing Title II of the Americans with Disabilities Act contain requirements for state and local governments regarding program accessibility and...
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Disputes and Disagreements Regarding FAPE and non-FAPE Matters
to establish and implement a system of procedural safeguards for parents to appeal district actions regarding the identification, evaluation, or educational placement of students with disabilities...
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Primary Consideration
Public entities are required to give primary consideration to the type of auxiliary aid or service requested by the person with the disability unless they can demonstrate that another equally...
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BACKGROUND
BACKGROUND The United States Department of Justice (the “Department”) opened an investigation of Coconino County (“County”) under title II of the Americans with Disabilities Act...
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III-3.1000 General
A public accommodation may not discriminate against an individual with a disability in the operation of a place of public accommodation....
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RELAY CALLS
Beginning immediately as of the effective date of this Agreement, to provide equal access to its telephone services for individuals with disabilities, THE CREDIT UNION shall require...
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5. Do Title II and Section 504 apply to the programs, services, and activities of family courts?
, and persons with disabilities must have an equal opportunity to participate in proceedings.59 For example, if a conference or hearing is scheduled in a location that is inaccessible to...
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Relationship to Other Laws
The Department recognizes that public accommodations subject to title III of the ADA may also be subject to title I of the ADA, which prohibits discrimination on the basis of disability...
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III-4.6100 Examinations
No, but if an examination for individuals with disabilities is administered in an alternative accessible location, or in a manner specially designed for individuals with disabilities, it...
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Complaints
Carrier personnel would have to refer a passenger with a disability-related complaint or problem to a CRO....
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Conferences Audio, Conferences, Webinars and Web Courses
Disability Law Lowdown podcasts The podcasts deliver the latest in disability law information every other week....
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References
Kessler Foundation, & National Organization on Disability. (2010). The ADA, 20 Year Later. New York: Harris Interactive....
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§382.27(c)(6)
(6) Accommodation for a group of ten or more qualified individuals with a disability, who make reservations and travel as a group; and...
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§382.141(a)(1)(i)
(i) The requirements of this part and other applicable Federal regulations affecting the provision of air travel to passengers with a disability;...
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12114(b) Rules of Construction
.-- Nothing in subsection (a) shall be construed to exclude as a qualified individual with a disability an individual who--...
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APPENDIX A
APPENDIX A Title I and Title V of The Americans with Disabilities Act of 1990 (Public Law 101-336)...
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§ 36.302(c)(2) Exceptions
A public accommodation may ask an individual with a disability to remove a service animal from the premises if: ...
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§ 36.303(c)(2)
(2) A public accommodation shall not require an individual with a disability to bring another individual to interpret for him or her....
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§ 35.136(b) Exceptions
A public entity may ask an individual with a disability to remove a service animal from the premises if:...