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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Need for This Technical Assistance
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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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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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"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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FIELD DATA COLLECTION PLAN
Flyers were placed in sporting goods stores and parks. Advocacy groups for disabled individuals were also contacted....
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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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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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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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Evan Terry Associates
While our firm has a variety of project types to our credit, we have concentrated on some selected specialties and developed an expertise in healthcare, education, recreation and sports...
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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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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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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....
