The Act and the regulation distinguish between illegal use of drugs and the legal use of substances, whether or not those substances are "controlled substances,'' as defined in the Controlled...
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Section 36.209 Illegal Use of Drugs (Section-By-Section Analysis and Response to Comments)
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Introduction
The Manual provides guidance on the practical application of legal requirements established in the statute and EEOC regulations....
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Section 36.308 Seating in Assembly Areas (Preamble, Section-by-Section Analysis)
These communications requirements are the focus of other provisions of the regulation (see §§ 36.303–36.304)....
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§1607.2 Scope.
these guidelines do not pertain to the question of the lawfulness of a seniority system within the meaning of section 703(h), Executive Order 11246 or other provisions of Federal law or regulation...
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How to Use This Manual
Looks at the definitions of "an individual with a disability" and a "qualified individual with a disability," drawing upon guidance set out in EEOC's Title I regulation and interpretive...
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Introduction
It is consistent with the EEOC's regulations enforcing Title I of the ADA, as well as the EEOC's 2002 Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the...
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C. Costs and Benefits
If enforcing agencies adopt the MDE Standards as mandatory for entities regulated under their jurisdiction, the Standards could affect health care providers, medical device manufacturers...
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A. The Release Provisions Appear To Waive Access Claims Arising After The Date Of The Settlement Agreements
The Department of Justice is the federal agency with primary responsibility for enforcing Title III of the ADA and its implementing regulations against public accommodations....
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2.4.1 Current Marketplace Dynamics
As is discussed below, the regulations implementing these federal laws do not currently include specific technical requirements for the accessibility of non-fixed medical equipment, although...
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28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
SUMMARY: The Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to propose amendments to its regulation for title III of the Americans with...
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Regarded as having a disability
Neither the ADA statute nor regulation indicates a time limitation for an episodic impairment, whereas a transitory impairment is 6 months or less. 32 Impairments that are episodic in...
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Safe harbor for qualified small businesses regarding what is readily achievable. (Section-by-Section Analysis)
During the Department's rulemaking for the regulation published in 1991, the issue of barrier removal received significant attention. ...
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Develop a Transition Plan
Title II Regulations 28 § 35.150 Existing facilities: (d) Transition plan. (1) In the event that structural changes to facilities will be undertaken to achieve program accessibility...
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Ground Floor
The Department has incorporated the definition of "ground floor" found in the Fair Housing regulations (24 CFR 100.201), and has expanded this definition to address specific concerns related...
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Telecommunication Relay Services (TRS)
The agency will be in compliance with the ADA if it provides telephone assistance to people who call using the telecommunication relay service Title II Regulations 28 § 35.161...
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Definition of Disability
Title II regulation 28 § 35.108 Definition of disability: (1) Disability means, with respect to an individual: (i) A physical or mental impairment that substantially limits one or...
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Section 37.3 Definitions
The definition of “direct threat” is intended to be interpreted consistently with the parallel definition in Department of Justice regulations....
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Enforcement Provisions
the possibility of identifying an accessible facility or one that can be made accessible on Election Day, the City maintains all claims and defenses available under applicable law and regulations...
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36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM
However, other agencies, referred to as an enforcing authority in the standards, may issue regulations or adopt policies that require health care providers subject to their jurisdiction...
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Sections 35.108(a)(1) and 36.105(a)(1) Definition of ‘‘disability’’—General
The Department’s 1991 title II and title III ADA regulations reiterate this three-part basic definition as follows: Disability means, with respect to an individual, a physical...
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Section 36.308 Seating in Assembly Areas (Section-By-Section Analysis and Response to Comments)
These communications requirements are the focus of other provisions of the regulation (see Sec..36.303 - 36.304)....
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Section 810.5.3
Federal Transit Administration (FTA) and Federal Railroad Administration (FRA)-assisted projects (including Amtrak), be inconsistent with the requirement of the Department's section 504 regulation...
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American Dryer, Inc eXtremeAir® cPc Hand Dryer
The eXtremeAir with CPC technology has also been tested for safety by Underwriters Laboratory (UL), passing both the UL867 and the California Air Resources Board (CARB) standards....
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New Mexico Division of Vocational Rehabilitation (NMDVR)
Even after placement, employers and employees receive ongoing support from DVR's professional staff, including job training, guidance on the ADA regulations, and information on disability...
