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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I. BACKGROUND
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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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ADA25: #18 of 25 -- Movie Captioning
starting to realize that they have an obligation under Title III of the Americans with Disabilities Act to provide captioned movies - thanks to the NAD's advocacy efforts both in and out of court...
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Need for This Technical Assistance
In the course of their civil rights enforcement activities, OCR and DOJ have found that child welfare agencies and courts vary in the extent to which they have implemented policies, practices...
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2. New Construction and Alterations
The Court finds Hecker, who serves as a consultant to the DOJ in ADA enforcement actions, to be a credible witness and credits his testimony accordingly. RT 2720:6-2721:15....
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Athletics and Extracurricular Activities
Martin, 532 U.S. 661 (2001) (under Title III of the ADA, waiver of a particular rule for an athlete with a disability deemed by the Supreme Court to be a reasonable accommodation because...
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Safe Harbor
Team or player seating Accessible route to bowling lanes, section Accessible route in court sports facilities Public entities need to make structural...
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XI. GENERAL & MISCELLANEOUS PROVISIONS
If any provision or portion of this Agreement shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement, the application...
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Section 1630.2(o) Reasonable Accommodation
The legislative history of the ADAAA makes clear that Congress included this provision in response to various court decisions that had held (pre-Amendments Act) that individuals who were...
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Section 1630.2(l) Regarded as Substantially Limited in a Major Life Activity
The ADAAA reiterates Congress's reliance on the broad views enunciated in that decision, and Congress “believe[s] that courts should continue to rely on this standard.”...
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Stages.
The Department's RIA also estimates significant costs, regardless of the baseline used, for the proposed requirement that court facilities must provide an accessible route to a witness stand...
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"Disability.'' (Preamble, Section-by-Section Analysis)
Arline, 480 U.S. 273 (1987), a case involving an individual with tuberculosis, the Supreme Court held that people with contagious diseases are entitled to the protections afforded by section...
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‘‘Disability.’’
The rationale for this third test, as used in the Rehabilitation Act of 1973, was articulated by the Supreme Court in Arline, 480 U.S. 273 (1987)....
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Disability (Section-By-Section Analysis and Response to Comments)
Arline, 480 U.S. 273 (1987), a case involving an individual with tuberculosis, the Supreme Court held that people with contagious diseases are entitled to the protections afforded by section...
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Effect on Removal of Barriers in Existing Facilities: ADA Standard Section 101.2
Section 101.2 of the ADA Standards covers the effects of the removal of barriers in existing facilities.
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Section 36.406(f)(3)
., placing temporary seating on the floor of a basketball court for a concert)....
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1. How must an individual request a reasonable accommodation?
Nevertheless, some courts have required that individuals initially provide detailed information in order to trigger the employer's duty to investigate whether reasonable accommodation is...
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Sections 35.108(d)(3) and 36.105(d)(3)—Condition, Manner, or Duration
We reiterate that using the correct standard—one that is lower than the strict or demanding standard created by the Supreme Court in Toyota—will make the disability determination an appropriate...
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Section 36.208(c) (Section-By-Section Analysis and Response to Comments)
This is the test established by the Supreme Court in Arline....
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TITLE III COVERAGE AND FINDINGS
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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22. Must an employer allow an employee with a disability to work a modified or part-time schedule as a reasonable accommodation, absent undue hardship?
Certain courts have characterized attendance as an "essential function." See, e.g., Carr v. Reno, 23 F.3d 525, 530, 3 AD Cas. (BNA) 434, 438 (D.C. Cir. 1994); Jackson v....
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Section 1630.2(j)(4) Condition, Manner, or Duration
We reiterate that using the correct standard—one that is lower than the strict or demanding standard created by the Supreme Court in Toyota—will make the disability determination an appropriate...
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Stages.
The Department's RIA also estimates significant costs, regardless of the baseline used, for the proposed requirement that court facilities must provide an accessible route to a witness stand...