This language reflected the statutory intent to reject court decisions that had required individuals to show that an impairment substantially limits more than one major life activity....
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Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii)—Impairment Need Not Substantially Limit More Than One Major Life Activity
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A. INTRODUCTION
This matter is before the Court for entry of a consent decree agreed to by Plaintiff United States of America (“United States”) and Defendant Humboldt County, California (“County”), collectively...
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18. Inspections
However, monitoring fees and costs that may be paid to Class Counsel shall be capped each year and shall not exceed the following amounts, exclusive of any disputes resolved by the District Court...
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V. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
Further, 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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VI. ENFORCEMENT
the United States is unable to reach a satisfactory resolution of the issues raised within sixty (60) days of the date it notifies Atlantis, it may institute a civil action in federal court...
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Program requirements. (Section-by-Section Analysis)
In a unanimous decision, the Supreme Court, in Pennsylvania Department of Corrections v....
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Section 37.11 Administrative Enforcement
The DOJ can take violators to court. These approaches are not mutually exclusive with the administrative enforcement mechanisms described in this section....
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2. The Class Notices Are Defective and Will Reach Only A Minuscule Portion of Class Members
For class actions seeking to compromise claims for injunctive or declaratory relief, federal courts have generally upheld published notices so long as the notices adequately inform interested...
- American Dryer, Inc eXtremeAir® gXt Hand Dryer
- American Dryer, Inc eXtremeAir eXt Hand Dryer
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Section 36.302(f) Ticketing (Section-by-Section Analysis)
Because this rule addresses ticketing policies and practices for stadiums, arenas, theaters, and other facilities in which entertainment and sporting events are held, its provisions are...
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Overview
The President's Council on Physical Fitness and Sports Research Digest reported that physical activity is 4.5 times lower for children and youth with disabilities than their peers without...
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4.3.3 Clear Floor Area
spaces used by wheeled mobility users (e.g. platform/wheelchair lifts) and for spaces/locations that are designated for wheeled mobility users such as in seating areas of movie theatres and sports...
- Association for Higher Education and Disability (AHEAD)
- mobileWOMEN.org
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Bouncing into Business: Finding the Store Management Spirit in Basket Random
The size of your players changes, the gravity fluctuates, the court itself might become bouncy or slippery. Every single match is a brand new chaotic experience....
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14. Child welfare agencies have an obligation to ensure the health and safety of children. How can agencies comply with the ADA and Section 504 while also ensuring health and safety?
or by the provision of auxiliary aids or services.89 In determining whether an individual poses a direct threat to the health or safety of a child or others, child welfare agencies and courts...
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10.2 Overview of Enforcement Provisions
for violations of Title I of the ADA include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court...
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8. Providing Qualified Readers
For example: A court has held under the Rehabilitation Act that it was not an undue hardship for a large state agency to provide full-time readers for three blind employees, in view of its...
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IV. CONCLUSION
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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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...