activities, or who are perceived or regarded as having a mental or physical impairment that substantially limits one or more major life activities.6 Three things to ask yourself when determining...
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a. Disability Defined
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May employers require employees to have periodic medical examinations?
A police department could not, however, periodically test its officers to determine whether they are HIV-positive, because a diagnosis of this condition alone would not result in a direct...
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11B-233.3.1.2.5 Public housing facility site impracticality
The number of adaptable residential dwelling units required in non-elevator building public housing facilities shall be determined in accordance with Chapter 11A, Section 1150A.1....
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20. Q: If a charging party receives a right to sue letter, does that mean that the government has found that there has been a violation of the ADA?
right to sue letter is issued after a charge has been dismissed for jurisdictional reasons, for lack of merit, or because the charging party has requested the letter and the government has determined...
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Dispute Resolution
reasonable attorneys’ fees and costs (which the City shall be responsible for paying without reimbursement from the annual $31 million commitment for program access) in the event that the Court determines...
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M307.2 Tactilely Discernible (Section-by-Section Analysis)
discernible is to raise part or all of the control surface above the surrounding surface and at a distance from any adjacent controls such that a relief of each individual control can be determined...
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4.3 Q. If the only new construction is an addition consisting of four or more dwelling units, would the existing public and common use spaces have to be made accessible?
An independent determination should be made regarding applicability of the ADA. (See the introduction to these questions and answers, which provides some background on the ADA.)...
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4. I understand that a waiver from accessibility requirements may be obtained?
For facilities that were built prior to January 26, 1992, the federal requirement is to remove barriers to the extent that it is "readily achievable" and evaluations to determine if removing...
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B. JURISDICTION
Part 35, Subpart F, to determine whether Lewisboro is in compliance with title II of the ADA and the title II DOJ Regulations, to issue findings, and, where appropriate, to negotiate and...
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Must elevator doors remain open for 20 seconds?
The opening time is further determined by the travel distance from hall call buttons and signal timing based on a 1.5 ft/s travel speed beginning from audible and visible signalization of...
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Unified Facilities Guide Specifications
The amount of surface irregularity is to be determined by placing the straightedge on the pavement surface and allowing it to rest on the two highest spots covered by its length and measuring...
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§ 35.138(c) Ticket prices
a particular price level are not available because of inaccessible features, then the percentage of tickets for accessible seating that should have been available at that price level (determined...
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11B-233.3.1.2.6 Public housing facility site impracticality
The number of adaptable residential dwelling units required in non-elevator building public housing facilities shall be determined in accordance with Chapter 11A, Section 1150A.1....
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V. Enforcement and Termination
Notwithstanding Paragraph 63, this Agreement will terminate earlier than four years if the Department determines that Harris County has demonstrated durable compliance with Title II of the...
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TITLE II COVERAGE AND FINDINGS
The United States has determined that the University’s exclusion of a student who is blind from its course offerings through the use of MyOMLab, an online learning product that was inaccessible...
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Executive Orders 12866 and 13563
Consequently, the Access Board has not determined whether the proposed guidelines are an economically significant regulatory action.48 The Access Board will analyze the information received...
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III-4.3600 Limitations and alternatives
"Undue burden" is defined as "significant difficulty or expense. " Among the factors to be considered in determining whether an action would result in an undue burden are the following...
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F - number system
F - number system The F - number system, ASTM E 1155, Standard Test Method for Determining FF Floor Flatness and FL Floor Levelness Numbers, was developed primarily to aid in the construction...
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Student Evaluations and Placement Under Section 504
school delays or denies the evaluation.45 In some circumstances, the IDEA evaluation process may provide the school district with the necessary information, required by Section 504, to determine...
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III-4.4200 Readily achievable barrier removal
How does a public accommodation determine when barrier removal is readily achievable? Determining if barrier removal is readily achievable is necessarily a case-by-case judgment....
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III. ACTIONS TO REMEDY NONCOMPLIANCE WITH ACCESSIBILITY REQUIREMENTS AT QUIKTRIP STORES
In determining compliance, the ILA may not rely on equivalent facilitation in lieu of compliance with a particular Standard, or an innovative site-specific accessibility solution, unless...
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28. Does an employer have to notify an employee with a disability about vacant positions, or is it the employee's responsibility to learn what jobs are vacant?
the employee is qualified for a specific position, the employer can discuss with the employee his/her qualifications.(88) An employer should proceed as expeditiously as possible in determining...
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Scenario 6 – Disagreement Over Need to Evaluate
For example, even if Maya’s disease did not interfere with her ability to attend school, she might still be determined to be a student with a disability under Section 504 because the disease...
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II. Summary of Significant Issues Raised By the Public Comments in Response to the Initial Regulatory Flexibility Certification.
The majority of those comments addressed the application of factors to be considered in determining whether compliance with the act was "readily achievable."...