The primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations and whether discrimination has occurred...
Search Results "Legal Obligation"
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§ 36.101 Purpose and broad coverage
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Effect of ADA Amendments Act on Academic Requirements in Postsecondary Education
Congress noted that the reference to academic requirements in postsecondary education was included ‘‘solely to provide assurances that the bill does not alter current law with regard to the obligations...
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Elevator requirement to new dining area on the mezzanine of an existing facility
The conversion of bank spaces in a pre-ADA building into a restaurant is clearly an alteration affecting the usability of primary function areas so normally the path of travel obligation...
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40. Must an employer ask whether a reasonable accommodation is needed when an employee has not asked for one?
If the individual with a disability states that s/he does not need a reasonable accommodation, the employer will have fulfilled its obligation....
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31. Academic adjustments
This requirement, like its predecessor in the proposed regulation, does not obligate an institution to waive course or other academic requirements....
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16. Reasonable accommodation
The reasonable accommodation standard in §104.12 is similar to the obligation imposed upon Federal contractors in the regulation implementing section 503 of the Rehabilitation Act of 1973...
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Reasonable Modification of Policies and Procedures
At a hot lunch program for elderly town residents, staff are not obliged to feed a woman with a disability who needs assistance in eating, if it does not provide this service for others....
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A. Accessible Voting Program
The Board has an obligation to provide an accessible voting program under federal law, including a program that is accessible to persons with mobility disabilities and persons who are blind...
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III-4.3600 Limitations and alternatives
However, the fact that providing a particular auxiliary aid or service would result in a fundamental alteration or undue burden does not necessarily relieve a public accommodation from its obligation...
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Sections 35.108(d)(1)(ii) and 36.105(d)(1)(ii)—Primary Object of ADA Cases
One of the purposes of the Act was to convey that ‘‘the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with the obligations...
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B. Title III's Implementing Regulation
Title III's implementing regulation reiterates the statute's requirements and spells out in detail a public accommodation's obligation to furnish auxiliary aids and services to individuals...
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a) "Neighborhood" Access Theory
The mere fact that a park is named after the area in which it is located does not establish that the park has "neighborhood meaning" or that the City is obligated to ensure that each and...
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Access to Programs and Services in Existing Facilities
Access to Programs and Services in Existing Facilities Public entities have an ongoing obligation to ensure that individuals with disabilities are not excluded from programs and services...
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Refinance & Mortgage Guide for People with Disabilities
following: The advantages and disadvantages of purchasing a home Keys steps to follow in the buying process The types of mortgages available to you as a home buyer Financial and Legal...
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National Disability Rights Network
Collectively, the Network is the largest provider of legally based advocacy services to people with disabilities in the United States. ...
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Final Regulatory Flexibility Analysis
In summary, the Department has satisfied its FRFA obligations under section 604(a) by providing the following: 1....
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Bullying and Harassment
deny a student equal educational opportunities.125 Note, however, that the label used to describe an incident (for example, bullying, hazing, teasing) does not determine how a school is obligated...
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Q4. How does the Amendments Act alter coverage under Section 504 and Title II?
therefore did not receive, as described in the Section 504 regulation, special education or related services before passage of the Amendments Act, must now be considered under these new legal...
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Section 35.172 Investigations and compliance reviews. (Section-by-Section Analysis)
Private litigation as a viable alternative was rejected by the commenters because of the financial limitations of many complainants, and because in some scenarios legal barriers foreclose...
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Swimming pools, wading pools, saunas, and steam rooms. (Section-by-Section Analysis)
The Department agrees with the commenters that title III already contains sufficient limitations on private entities' obligations to remove barriers....
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"Other Power-Driven Mobility Device" and "Wheelchair" (Section-by-Section Analysis)
Indeed, there has been litigation concerning the legal obligations of covered entities to accommodate individuals with mobility disabilities who wish to use an electronic personal assistance...
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"Other Power-Driven Mobility Device" and "Wheelchair" (Section-by-Section Analysis)
Indeed, there has been litigation concerning the legal obligations of covered entities to accommodate individuals with mobility disabilities who wish to use an electronic personal assistance...
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Section 4.1.5, Additions (Preamble, Section-by-Section Analysis)
Construction of an addition does not, however, create an obligation to retrofit the entire existing building or facility to meet requirements for new construction....
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4. My pool already existed before the effective date of the new rule. What am I required to do to provide pool access to customers with mobility disabilities?
If no fully compliant lift is readily achievable for the business, the business is not obligated to provide a fully compliant lift until doing so becomes readily achievable....
