Moreover, the Court left open the question whether private individuals may sue States under Title II, as opposed to Title I....
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III. PROTECTING THE CONSTITUTIONALITY OF THE ADA
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Relationship to Other Laws
The Department of Justice regulation implementing title II, 28 CFR § 35.103, provides: (a) Rule of interpretation....
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The Roles of the Access Board and the Department of Justice
The ADA requires the Department to issue regulations that include enforceable accessibility standards applicable to facilities subject to title II or title III that are consistent with the...
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BACKGROUND
BACKGROUND The United States Department of Justice (the “Department”) opened an investigation of Coconino County (“County”) under title II of the Americans with Disabilities Act...
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Do the ADA Standards apply to existing facilities that are not subject to the alterations requirements?
The regulations require removal of barriers by public accommodations (title III) and program access by state and local governments (title II)....
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A. Statutory and rulemaking history
Section 204 (a) of title II and section 306(b) of title III direct the Attorney General to promulgate regulations to carry out the provisions of titles II and III, other than certain provisions...
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Appendix E—Guidance to Revisions to ADA Title II and Title III Regulations Revising the Meaning and Interpretation of the Definition of “disability” and Other Provisions in Order To Incorporate the Requirements of the ADA Amendments Act
For guidance providing a section-by-section analysis of the revisions to 28 CFR parts 35 and 36 published on August 11, 2016, see appendix C of 28 CFR part 35. [AG Order...
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F. SELF-EVALUATION
produce a draft report (the "Draft Self-Evaluation Report") setting forth (i) the limitations to providing individuals with disabilities with full access to its programs and services and (ii...
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12203(c) Remedies and Procedures
-- The remedies and procedures available under sections 107, 203, and 308 of this Act shall be available to aggrieved persons for violations of subsections (a) and (b), with respect to title...
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Hotel Reservations. (Section-by-Section Analysis)
The NPRM did not propose adding comparable language to the title II regulation as the Department believes that the general nondiscrimination, program access, effective communication, and...
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11B-233.3.6 Graduate student and faculty housing at a place of education
ETA Editor's Note This Access Board Note was taken from ADA Title II §35.151(e) New Construction and Alterations; Social Service Center Establishments, and ADA Title III §36.406(d) Standards...
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11B-233.3.6 Graduate student and faculty housing at a place of education
ETA Editor's Note This Access Board Note was taken from ADA Title II §35.151(e) New Construction and Alterations; Social Service Center Establishments, and ADA Title III §36.406(d) Standards...
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Are there good examples of Title III Compliance for making goods and services accessible?
In some ways, I understand how difficult and expensive it might be to make the facility physically accessible but how about the requirement of Title III to make access to goods and services...
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FindLaw - ADA: Disabilities & Your Rights as an Employee
FindLaw - ADA: Disabilities & Your Rights as an Employee Discrimination in employment against qualified individuals with disabilities is prohibited by the federal Americans...
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Relationship to Other Laws
Compliance with the Department's title II and title III regulations does not necessarily ensure compliance with other Federal statutes....
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Facilities Not Specializing in Treating Conditions That Affect Mobility: ADA Standard Section 223.2.1
Section 223.2.1 covers scoping requirements in the current ADA Standards for facilities not specializing in treating conditions that affect mobility.
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WHEELCHAIR
[ADA Title II §35.104] Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or...
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PUBLIC BUILDING OR FACILITY
A building or facility or portion of a building or facility designed, constructed, or altered by, on behalf of, or for the use of a public entity subject to title II of the ADA and 28 CFR...
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Issue: "Grandfather" Clause or Small Entity Exemption
Small municipalities may also believe that they are exempt from complying with Title II because of their size....
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Section 35.190 Designated agencies. (Section-by-Section Analysis)
(Section-by-Section Analysis) Subpart G of the 1991 title II regulation designates specific Federal agencies to investigate certain title II complaints....
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PUBLIC BUILDING OR FACILITY
A building or facility or portion of a building or facility designed, constructed, or altered by, on behalf of, or for the use of a public entity subject to title II of the ADA and 28 CFR...
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Sections 1630.2(a)-(f) Commission, Covered Entity, etc.
These terms are to be given the same meaning under the ADA that they are given under title VII. In general, the term “employee” has the same meaning that it is given under title VII....
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The Roles of the Access Board and the Department of Justice
The ADA requires the Department to issue regulations that include enforceable accessibility standards applicable to facilities subject to title II or title III that are consistent with the...
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The Roles of the Access Board and the Department of Justice
The ADA requires the Department to issue regulations that include enforceable accessibility standards applicable to facilities subject to title II or title III that are consistent with the...
