Billing Code: 4410-13 DEPARTMENT OF JUSTICE 28 CFR PART 35 [CRT Docket No. 105; AG Order No. 2967-2008] RIN 1190-AA46 Nondiscrimination on the Basis of Disability in State and...
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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28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
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A. Accessible Voting Program
The Board has an obligation to provide an accessible voting program under federal law, including a program that is accessible to persons with mobility disabilities and persons who are blind...
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A. Background
This matter was initiated by a complaint filed with the United States Department of Justice (the “Department”) against Jefferson Outpatient under Title III of the Americans with Disabilities...
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§382.83(d)
(d) As a carrier, if you wish to use a different method of providing seating assignment accommodations to passengers with disabilities from those specified in this subpart, you must obtain...
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§382.157(e)
(e) You must retain correspondence and record of action taken on all disability-related complaints for three years after receipt of the complaint or creation of the record of action taken...
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What employers are covered by the ADA?
In addition, the ADA prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities....
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IS ASSISTANCE REQUIRED?
Once notified, people with a speech disability can read and follow standard exit and directional signs and use any standard means of egress from the building....
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Need for Rulemaking
Need for Rulemaking This section discusses the Congressional findings in the Americans with Disabilities Act that establish the need for accessibility guidelines, the Access Board’s current...
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What Are Your Barriers to Health Care?
Health care is a complex issue for many Americans, especially for people with disabilities. Here are some common obstacles to a satisfying health care visit....
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ADA Compliance Process by Evan Terry Associates
Evan Terry Associates, P.C. concentrates a significant portion of its resources to the study and application of the facilities and program access requirements of the Americans with Disabilities...
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F. Class Counsel
"Class Counsel" means collectively the law firm of Schneider Wallace Cottrell Konecky Wotkyns, LLP, the law firm of Goldstein Borgen Dardarian & Ho, the Disability Rights Legal Center...
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Sec. 12189. Examinations and courses. [Section 309]
certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities...
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12204(b) Contents of guidelines
chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities...
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Sec.36.204 Administrative methods.
accommodation shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration that have the effect of discriminating on the basis of disability...
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Evan Terry Associates Barrier Management Systems
Systems Evan Terry Associates, LLC concentrates a significant portion of its resources to the study and application of the facilities and program access requirements of the Americans with Disabilities...
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ACCESSIBLE ELEMENT
An ACCESSIBLE ELEMENT can include a room, area, route, feature or device which provides accessibility for persons with disabilities.◼...
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§ 35.135 Personal devices and services.
This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses...
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§ 37.73(b)
(b) A public entity may purchase or lease a used vehicle for use on its fixed route system that is not readily accessible to and usable by individuals with disabilities if, after making...
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ACCESSIBLE ELEMENT
An ACCESSIBLE ELEMENT can include a room, area, route, feature or device which provides accessibility for persons with disabilities. ◼...
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Identification of accessible features in hotels and guest rooms. (Section-by-Section Analysis)
Individuals with disabilities strongly supported this requirement....
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EXHIBIT F ADA Maintenance Checklist
CUSTOMER ENTRANCE The customer entrance must be easy for customers with disabilities to approach and enter....
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A. Final Regulatory Assessment (EO 13563 and EO 12866)
Although the MDE Standards do not have legal effect until adopted (in whole or in part) by an enforcing authority, they can advance accessibility to medical services for persons with disabilities...
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Alterations to cells. (Section-by-Section Analysis)
Many expressed support for this option because it would allow individuals with disabilities to remain close to their families. ...
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Ticket sales. (Section-by-Section Analysis)
In the NPRM, the Department proposed, in § 36.302(f)(1), a general rule that a public accommodation shall modify its policies, practices, or procedures to ensure that individuals with disabilities...