Business Necessity "Business necessity" will be interpreted under the ADA as it has been interpreted by the courts under Section 504 of the Rehabilitation Act....
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2. Business Necessity
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5. Safety Hazards
In sum, the Court finds that Kirola has failed to demonstrate that the City's lack of a specific policy for hazard removal violates Title II of the ADA....
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Sections 35.108(d)(1)(ii) and 36.105(d)(1)(ii)—Primary Object of ADA Cases
Nevertheless, as the courts began interpreting and applying the definition of disability strictly, individuals have been excluded from the protections that the ADA affords because they are...
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28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
In response to earlier Supreme Court decisions that significantly narrowed the application of the definition of ‘‘disability’’ under the ADA, Congress enacted the ADA Amendments Act to restore...
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Video remote interpreting (VRI) services. (Section-by-Section Analysis)
extending the requirement in § 35.160(d)(4) to require training for ‘‘users of the technology'' so that staff who would have reason to use the equipment in an emergency room, State or local court...
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d) RecPark Program
Assuming arguendo that Golden Gate Park should be analyzed in isolation, the Court finds that the City provides meaningful access thereto....
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IV. REPORTING, ENFORCEMENT, AND OTHER PROVISIONS
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 or the Private Plaintiffs may seek court...
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8. Notice, Reporting, and Monitoring Requirements
If the parties are unable to reach a resolution within sixty (60) days after the United States has received Cinemark's response, the United States may seek appropriate relief from this Court...
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1. Importance of Movies in American Culture
The Supreme Court observed over 60 years ago that motion pictures “are a significant medium for the communication of ideas” and “may affect public attitudes and behavior in a variety of...
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24. Is it a reasonable accommodation to modify a workplace policy?
(BNA) 1089, 1090 (8th Cir. 1995) (court refuses to find that employee's sister had requested reasonable accommodation despite the fact that the sister informed the employer that the employee...
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3. The Legislative History of the ADA
As the district court noted in Ball v. AMC Entertainment, Inc., 246 F....
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Enforcement Provisions
States is unable to reach a satisfactory resolution of the issue within thirty (30) days of the date it notifies the City, the United States may file a civil action in federal district court...
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Enforcement Provisions
States is unable to reach a satisfactory resolution of the issue within thirty (30) days of the date it notifies the County, the United States may file a civil action in federal district court...
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The Disability Community in 1988
“Piece by piece we put together a decade of legislative success,” Neas observed.74 In fact, he said, while the going was tough in dealing with the policies and practices of the courts and...
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Reasonable Accommodation
Some courts have said that in determining whether an accommodation is "reasonable," one must look at the costs of the accommodation in relation to its benefits. See, e.g., Monette v....
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3. The Department of Justice’s Regulatory Developments Reinforce that Netflix is a Public Accommodation
The Department explained in the ANPRM that although the Department has been clear that the ADA applies to websites of public accommodations, inconsistent court decisions, differing standards...
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I. BACKGROUND
Rosemary Ciotti, George Aguehounde, Marsha Johnson (the “Individual Plaintiffs”), and The Disability Rights Council of Greater Washington commenced an action in the United States District Court...
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Provisions of the Final Rule
Supreme Court (see, e.g., Choate and Davis)....
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Phase III: Judiciary Committee
This bill amended the Civil Rights Act of 1964 by allowing courts to award compensatory and punitive damages at jury trials, to persons who successfully proved they were victims of discrimination...
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5. Reassignment to a Vacant Position
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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Section 35.151(g)(3)
., placing temporary seating on the floor of a basketball court for a concert)....
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6.9
this Consent Order, see § 2.4, and if the Department believes that such design violates the wheelchair placement provisions of the ADA Standards, the Department may seek remedy in this Court...
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Dwelling Unit
the final Fair Housing rule states that the definition of "dwelling" is "broad enough to cover each of the types of dwellings enumerated in the proposed rule: mobile home parks, trailer courts...
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Web site accessibility. (Section-by-Section Analysis)
The commenters explained that such clarification was needed because of the current ambiguity caused by court decisions as to whether web-only businesses are covered under title III....