Such protection is necessary, because, as the Supreme Court has stated and the Congress has reiterated, "society's myths and fears about disability and disease are as handicapping as are...
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2.2(c) Regarded as Substantially Limited
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Effective Communication
Instead, the court provides a qualified sign language interpreter. Is this effective? No....
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Other Cost Issues
ETA Editor's Note Since A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act was published, the Supreme Court has issued three rulings...
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2.1(a)(iii) Substantially Limits
The first individual was found by a court to be an individual with a disability; the second individual was found not significantly restricted in any major life activity, and therefore not...
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Issue: Effective Communication
For more complex or extensive communications, however, such as court hearings, public meetings, and interrogation by police officers, interpreters or assistive listening systems are likely...
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‘‘Private club.’’ (Preamble, Section-by-Section Analysis)
In determining whether a private entity qualifies as a private club under title II, courts have considered such factors as the degree of member control of club operations, the selectivity...
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5. What must an employer do after receiving a request for reasonable accommodation?
The burden-shifting framework outlined by the Supreme Court in US Airways, Inc. v. Barnett, 535 U.S., 122 S....
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27. Is an employer's obligation to offer reassignment to a vacant position limited to those vacancies within an employee's office, . . . or geographical area?
Some courts have limited the obligation to provide a reassignment to positions within the same department or facility in which the employee currently works, except when the employer's standard...
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Enforcement Provisions
resolution of the issue within 30 days after providing notice to the Board and allowing the Board an opportunity to cure, the Department may institute a civil action in federal district court...
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Speech To Text Translation Services
each are summarized below from the organization Hands and Voices: Communication Access Realtime Translation (CART): CART is a word-for-word (verbatim) translation produced by a court...
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REPORTING AND ENFORCEMENT
edX shall negotiate in good faith in an attempt to resolve any dispute relating thereto; if the parties are unable to reach a mutually acceptable resolution, the United States may seek court...
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ADA Basic Building Blocks Course - Project of the ADA National Network
Court cases and "Tell Me More"for further reference. Glossary of Terms and Acronyms and more Resources....
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TITLE III COVERAGE AND DETERMINATIONS
The United States is authorized to investigate alleged violations of title III of the ADA and to bring a civil action in federal court in any case that involves a pattern or practice of...
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BACKGROUND
Failing to sufficiently train PPD staff and officers on how to assess the need for auxiliary aids and services and to secure auxiliary aids and services; and Failing to notify courts...
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Private club (Section-By-Section Analysis and Response to Comments)
In determining whether a private entity qualifies as a private club under title II, courts have considered such factors as the degree of member control of club operations, the selectivity...
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Enforcement Provisions
the issue within thirty (30) days, after providing notice to the County and allowing the County an opportunity to cure, the United States may institute a civil action in federal district court...
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ENFORCEMENT
unable to reach a satisfactory resolution of the issue or issues raised within sixty (60) days of the date it provides notice to THE CREDIT UNION, it may institute a civil action in federal court...
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B. JURISDICTION
The Department of Justice is also authorized to commence a civil action in a United States district court if it is unable to secure voluntary compliance in any case that involves a pattern...
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§35.130 General Prohibitions Against Discrimination
Supreme Court in Alexander v. Choate, 469 U.S. 287 (1985)....
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b) Accessibility
at the recreation centers he inspected, such as inadequate signage, an excessive cross-slope leading to accessible features in a restroom, a broken elevator, and an inaccessible tennis court...
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Section 1630.1(c) Construction
Id. at 2; See also 2008 House Judiciary Committee Report at 19 (this rule of construction “directs courts to construe the definition of ‘disability' broadly to advance the ADA's remedial...
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Auxiliary Aids and Services
speech-to-speech transliterator (a person trained to recognize unclear speech and repeat it clearly) , especially if the person will be speaking at length, such as giving testimony in court...
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2.1(a)(i) A Physical or Mental Impairment
The Supreme Court has ruled that an individual with tuberculosis which affected her respiratory system had an impairment under Section 504 of the Rehabilitation Act<1>....
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Element-by-Element Safe Harbor
firing positions Residential facilities and dwelling units Miscellaneous Team or player seating – Accessible route to bowling lanes – Accessible route in court...