Individuals wishing to file title II complaints may either file -- 1) An administrative complaint with an appropriate Federal agency; or 2) A lawsuit in Federal district court....
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II-9.1000 General
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VIII. REPORTING, MONITORING, ENFORCEMENT, AND OTHER MISCELLANEOUS PROVISIONS
The Effective Date of this Consent Decree ("Effective Date") is the date of entry by the Court after the signatures of all Parties have been obtained. 42....
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Section 1630.2(j)(1)(vi) Mitigating Measures
App'x 983 (5th Cir. 2003) (court held that individual with muscular dystrophy who, with the mitigating measure of “adapting” how he performed manual tasks, had successfully learned to live...
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2. The Class Notices Are Defective and Will Reach Only A Minuscule Portion of Class Members
For class actions seeking to compromise claims for injunctive or declaratory relief, federal courts have generally upheld published notices so long as the notices adequately inform interested...
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18. Inspections
However, monitoring fees and costs that may be paid to Class Counsel shall be capped each year and shall not exceed the following amounts, exclusive of any disputes resolved by the District Court...
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V. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
Further, if any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect....
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VI. ENFORCEMENT
the United States is unable to reach a satisfactory resolution of the issues raised within sixty (60) days of the date it notifies Atlantis, it may institute a civil action in federal court...
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Program requirements. (Section-by-Section Analysis)
In a unanimous decision, the Supreme Court, in Pennsylvania Department of Corrections v....
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Section 37.11 Administrative Enforcement
The DOJ can take violators to court. These approaches are not mutually exclusive with the administrative enforcement mechanisms described in this section....
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ADA Title I: Employment
Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC....
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EXHIBIT 2
As a result, I agree and promise that I will not file any Americans with Disabilities Act-related suit, charge, complaint, proceeding or action at law, in equity, or otherwise in any court...
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CONCLUSION
on May 15, 2012, I electronically filed the Statement of Interest of the United States of America in Opposition to Defendant’s Motion for Judgment on the Pleadings with the Clerk of the Court...
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Auxiliary Aids and Services
What is required to communicate effectively when a person is registering for classes at a public university is very different from what is required to communicate effectively in a court...
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A. INTRODUCTION
This matter is before the Court for entry of a consent decree agreed to by Plaintiff United States of America (“United States”) and Defendant Humboldt County, California (“County”)...
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RECITALS
office buildings in California; Whereas, Plaintiffs, who are persons with disabilities, brought an action, on behalf of themselves and the general public, against Kaiser, in the Superior Court...
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Sections 35.108(c) and 36.105(c)—Major Life Activities
These expanded lists of examples of major life activities reflect Congress’s directive to expand the meaning of the term ‘‘major’’ in response to court decisions that interpreted the term...
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Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii)—Impairment Need Not Substantially Limit More Than One Major Life Activity
This language reflected the statutory intent to reject court decisions that had required individuals to show that an impairment substantially limits more than one major life activity....
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A. INTRODUCTION
This matter is before the Court for entry of a consent decree agreed to by Plaintiff United States of America (“United States”) and Defendant Humboldt County, California (“County”), collectively...
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Sections 35.108(f) and 36.105(f)—Is Regarded as Having Such an Impairment
The rationale for the ‘‘regarded as’’ part of the definition of ‘‘disability’’ was articulated by the Supreme Court in the context of section 504 of the Rehabilitation Act of 1973 in School...
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Miscellaneous Provisions
If the United States is unable to reach a satisfactory resolution of the issue within 60 days of the date it notifies UPDC, the United States may institute a civil action in federal court...
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III. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
If, after further discussion with PSE, the United States believes that PSE has violated the Agreement, the United States may institute a civil action for relief in federal district court...
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14. Child welfare agencies have an obligation to ensure the health and safety of children. How can agencies comply with the ADA and Section 504 while also ensuring health and safety?
or by the provision of auxiliary aids or services.89 In determining whether an individual poses a direct threat to the health or safety of a child or others, child welfare agencies and courts...
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10.2 Overview of Enforcement Provisions
for violations of Title I of the ADA include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court...
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8. Providing Qualified Readers
For example: A court has held under the Rehabilitation Act that it was not an undue hardship for a large state agency to provide full-time readers for three blind employees, in view of its...