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...
Search Results "Court"
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"Disability.'' (Preamble, Section-by-Section Analysis)
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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...
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I. BACKGROUND AND JURISDICTION
. §12188(b)(1)(B) to bring a civil action in federal court if there is reasonable cause to believe that any person is engaged in a pattern or practice of discrimination in violation of the...
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11B-101.2 Reserved.
(3) Accessible route in court sports facilities, section 206.2.12. [ADA Title III] §36.304 Removal of Barriers a. General....
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11B-101.2 Reserved.
(3) Accessible route in court sports facilities, section 206.2.12. [ADA Title III] §36.304 Removal of Barriers a. General....
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Sections 35.108(d)(2) and 36.105(d)(2)—Predictable Assessments
crafting the Act, Congress hewed to the ADA definition of ‘‘disability,’’ which was modeled on the definition of ‘‘disability’’ in the Rehabilitation Act, and indicated that it wanted courts...
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3.4 Some Basic Principles of Reasonable Accommodation
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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3. Voluntary Compliance
App. 2013) (upholding trial court decision under Washington Law Against Discrimination requiring six movie theater chains to provide captioning in the screening of movies in order to accommodate...
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Subpart F -- Compliance Procedures
The Department of Justice may then proceed to file suits in Federal district court....
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Subpart F -- Compliance Procedures (Section-by-Section Analysis)
The Department of Justice may then proceed to file suits in Federal district court....
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Examples of Major Life Activities, Other Than the Operations of a Major Bodily Function
For example, although, as commenters pointed out, some courts have concluded that test taking is a major life activity,6 the Department notes that one or more already-included major life...
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Phase I: Education and Labor Committee
, and was ultimately settled there, Hoyer and Bartlett began discussions about “site-specific” factors.64 They suggested that in determining whether an accommodation was “reasonable” a court...
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ADA25: #3 of 25 -- Title I
At the conclusion of the EEOC process, you will get a right to sue letter which authorizes you to bring a lawsuit in federal court if you are unhappy with the EEOC outcome....
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REPORTING AND ENFORCEMENT
Peapod thirty (30) days from the date it notifies Peapod of any breach of this Agreement to cure that breach before instituting a civil action in the appropriate United States District Court...