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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Wheelchair Spaces/Companion Seats
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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 36.208(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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Expanding Your Market: Tax Incentives for Businesses
Department of Justice Civil Rights Division Disability Rights Section Businesses can take advantage of two Federal tax incentives available to help cover costs of making access...
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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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ADA Requirements
To meet this requirement, lodging facilities must comply with certain regulations published by the Justice Department....
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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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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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Education's Intent To Revise its Section 504 Regulations To Adopt the 2010 Title II ADA Standards
to Section 206.2.3 would not apply.[31] 29. 75 FR 56164, 56213 (Sep. 15, 2010) (Because “construction in accordance with UFAS would no longer satisfy ADA requirements[,] * * * the Department...
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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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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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Sections 1630.2(a)-(f) Commission, Covered Entity, etc.
Title II, which is enforced by the Department of Justice, became effective on January 26, 1992. See 28 CFR part 35. The term “covered entity” is not found in title VII....
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§35.135 Personal Devices and Services
The language of § 35.135 parallels an analogous provision in the Department’s title III regulations (28 CFR 36.306) but preserves the explicit reference to ‘‘readers for personal use or...
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Accessible Miniature Golf Courses
Questions regarding operational issues should be directed to the Department of Justice, 1-800-514-0301 or 1-800-514-0383 (TTY)....
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106.5.45 Primary Function
that affect the usability of or access to an area containing a primary function include, but are not limited to: (i) Remodeling merchandise display areas or employee work areas in a department...
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Ticket distribution methods. (Section-by-Section Analysis)
The Department has received numerous complaints from individuals who were denied the opportunity to acquire tickets for accessible seats through avenues such as ticketing presales, promotions...
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Fishing piers and platforms. (Section-by-Section Analysis)
Question 44: The Department is interested in collecting data regarding the impact of this requirement on existing facilities. ...
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"Existing Facility" (Section-by-Section Analysis)
The Department's enforcement of the ADA is premised on a broad understanding of "existing facility." The classifications of facilities under the ADA regulation are not static. ...
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General rule on reservations. (Section-by-Section Analysis)
The Department's proposed § 36.302(e)(1) states the general rule that a public accommodation that owns, leases (or leases to), or operates a place of lodging shall modify its policies, practices...
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3. Q: Who does the ADA protect?
The police department keeps a list of dwellings where people with AIDS are known to reside. The woman's residence is on the list because her son has AIDS....
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Alterations To An Area Containing A Primary Function
the usability of or access to an area containing a primary function include, but are not limited to – §36.403(c)(1)(i) Remodeling merchandise display areas or employee work areas in a department...