office buildings in California; Whereas, Plaintiffs, who are persons with disabilities, brought an action, on behalf of themselves and the general public, against Kaiser, in the Superior Court...
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RECITALS
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Sections 35.108(c) and 36.105(c)—Major Life Activities
These expanded lists of examples of major life activities reflect Congress’s directive to expand the meaning of the term ‘‘major’’ in response to court decisions that interpreted the term...
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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
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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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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Costs and Benefits
members and acquaintances; it would allow people with hearing or vision disabilities to participate in conversations about movies with family members and acquaintances; and it would promote...
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F233.1 General
For example, the Fair Housing Act requires that certain residential structures having four or more multi-family dwelling units, regardless of whether they are privately owned or federally...
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General Tips
If the person with a disability is accompanied by a friend or family member, look at and speak directly to the person with the disability rather than to or through the other person....
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Resources:
For more information on: Supply kits visit: http://www.redcross.org/ Individual Preparedness for People with Disabilities, Their Families And Support Networks (guides, videos...
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VI. Relationship to Other Laws
The FHAct prohibits discrimination in housing because of race, color, religion, sex, national origin, familial status, and disability.21 One type of disability discrimination prohibited...
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Selecting an Accessible Play Surface Is One of the Most Important Decisions
The Census Bureau (2009) estimates that one in every seven American families is affected by disability....
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Re: Single User Restroom Accessibility
If a urinal is present in what had been the men's toilet room, I'd advise signing them both as either "Family" or "Assisted-Use" facilities, and making the required modifications in the...
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Clarification on Standard Roll-In Shower Compliance
This bathroom would be in a mobility dwelling unit for a covered multi-family housing site (2022 CBC 11B applies because it is publicly funded)....
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UNICEF: Disability and Child Protection
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Sections 35.108(f) and 36.105(f)—Is Regarded as Having Such an Impairment
The rationale for the ‘‘regarded as’’ part of the definition of ‘‘disability’’ was articulated by the Supreme Court in the context of section 504 of the Rehabilitation Act of 1973 in School...
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Miscellaneous Provisions
If the United States is unable to reach a satisfactory resolution of the issue within 60 days of the date it notifies UPDC, the United States may institute a civil action in federal court...
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III. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
If, after further discussion with PSE, the United States believes that PSE has violated the Agreement, the United States may institute a civil action for relief in federal district court...
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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...