CONCLUSION Because the Agreements proposed by the Parties are procedurally defective, the United States Objects to their approval and urges the Court to deny entry of these Agreements...
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IV. CONCLUSION
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k) Self-Evaluation/Transition Plan
The Court agrees....
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45. Does a cost-benefit analysis determine whether a reasonable accommodation will cause undue hardship?
Despite the statutory language and legislative history, some courts have applied a cost-benefit analysis. See, e.g., Monette v. Electronic Data Sys....
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2.2. Total Costs
baseline should reflect the extent to which movie theaters would provide closed movie captioning and audio description in the absence of the rule and should reflect the determination many courts...
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Monetary Relief for Complainant
The ADA authorizes the Attorney General to seek a court award of compensatory damages on behalf of individuals aggrieved as the result of violations of Title III of the ADA. 42 U.S.C...
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IMPLEMENTATION AND ENFORCEMENT
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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Section 37.57 Required Cooperation
The rule does not restate this portion of the statute in the regulation, since it would be implemented by the courts if such an action is brought....
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Other International Law Issues
The very reason for the existence of the ACAA is that the Supreme Court, in Paralyzed Veterans of America v....
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2. Redressability
In order to demonstrate redressability, a plaintiff must show that plaintiff "personally would benefit in a tangible way from the court's intervention." Steel Co. v....
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9. What steps are child welfare agencies required to take to ensure that parents and prospective parents with disabilities involved with the child welfare system have an equal opportunity to participate in and benefit from their programs and activities?
Given the responsibilities of agencies discussed above, we also recommend that courts consider whether parents and prospective parents with disabilities have been afforded an equal opportunity...
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How to File a Charge of Employment Discrimination
In some cases, where the charge cannot be resolved, the EEOC will file a court action....
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Section 1630.2(j)(3) Predictable Assessments
The legislative history states that Congress modeled the ADA definition of disability on the definition contained in the Rehabilitation Act, and said it wished to return courts to the way...
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Background
(ADA/ABA Guidelines) make reference to standard industry construction tolerances as they relate to the dimensions given in ADA/ABA Guidelines, architects, contractors, code officials, courts...
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7. What is a reasonable modification?
Answer: Under Title II of the ADA and Section 504, child welfare agencies and courts must make changes in policies, practices, and procedures to accommodate the individual needs of a qualified...
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206 Accessible Routes
206.2.4 Exception 1) incorporation of provisions for recreation facilities that address accessible routes to amusement rides (206.2.9), boating facilities (206.10), bowling lanes (206.11), court...
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EXHIBIT I NOTICE OF SETTLEMENT OF FEDERAL DISABILITY DISCRIMINATION LAWSUIT UNITED STATES V. QUIKTRIP CORPORATION
District Court for the District of ___________ has entered a Consent Decree resolving a lawsuit against QuikTrip Corporation, the owner and operator of gas stations, convenience stores,...
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B. Whether the City May Assert an Undue Burden Defense With Respect to New Construction or Alterations Under Title II of the ADA and Section 504 of the Rehabilitation Act
The Court finds that the City may not assert its Seventh and Fifty–Fourth Affirmative Defenses related to undue financial burden as to “newly constructed or altered” pedestrian rights of...
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b) Library Program
In sum, the Court finds no merit to Kirola's claim that she or any class member has been deprived of program access to the City's library program....
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Does the Voting Rights Act protect language minorities?
The Justice Department enforces these protections by bringing lawsuits in federal court, by sending federal observers to monitor elections, and by working with local jurisdictions to improve...
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‘‘Qualified interpreter.’’
For instance, the definition would not supersede any requirement of State law for use of a certified interpreter in court proceedings....
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h) Maintenance Policies
She also failed to identify any maintenance issue as to any RecPark facility.21 Accordingly, the Court finds that because Kirola has not shown that she suffered any injury stemming from...
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Why Design for Accessibility?
III) It's the LAW A) Accessible design will keep you out of court. (Surely you have better things to do with your time.)...
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NPRM
This is an important issue because the rate of trip denials can affect determinations by the Department and, in some cases, the courts about whether a paratransit operator is complying with...
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Qualified interpreter (Section-by-Section Analysis)
For instance, the definition would not supersede any requirement of State law for use of a certified interpreter in court proceedings....