This defense is not valid, however, if the Federal standard does not require the discriminatory action, or if there is a way that an employer can comply with both legal requirements....
Search Results "Discriminatory Housing Practice"
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a. Federal Laws
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Section 36.207 Places of Public Accommodation Located in Private Residences (Section-By-Section Analysis and Response to Comments)
If all parts of the house are used for the day care center, then the entire residence is a place of public accommodation because no part of the house is used exclusively as a residence....
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8.1 Q. The Fair Housing Act applies to covered multifamily dwellings built for first occupancy after March 13, 1991. What is acceptable evidence of first occupancy?
The Fair Housing Act regulations provide that covered multifamily dwellings shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991 (and therefore...
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Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
to his family that houses no other deaf inmates, or if it would be preferable to house the prisoner in a setting where there are sign language interpreters and other sign language users...
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§104.46(a)(2)
discriminate or have the effect of discriminating on the basis of handicap only if the overall effect of the award of scholarships, fellowships, and other forms of financial assistance is not discriminatory...
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§100.204(b)
(b) The application of this section may be illustrated by the following examples: Example (1): A blind applicant for rental housing wants live in a dwelling unit with a seeing eye dog...
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Benefits
As discussed above under the Need for Rulemaking, when enacting the Americans with Disabilities Act, Congress found “the discriminatory effects of architectural, transportation, and communication...
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Multi-Story Buildings and Facilities: ADA Standard Section 206.2.3
Section 206.2.3 covers the scoping requirements in the most current ADA Standards for accessible routes within multi-story buildings and facilities
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Closed-Circuit Telephone
A telephone with a dedicated line such as a house phone, courtesy phone or phone that must be used to gain entry to a facility....
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PUBLIC USE
Private interior or exterior rooms, spaces or elements associated with a residential dwelling unit provided by a public housing program or in a public housing facility are not public use...
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Dispersion: ADA Standard Section 233.3.5
Section 233.3.5 covers scoping requirements in the current ADA Standards for dispersion of individual residential dwelling units.
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Part Three: Resources
Gives practical examples....
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Mediation and the ADA
Disputes where potential remedies are flexible are most appropriate for mediation and include providing effective communication, eliminating architectural barriers, or eliminating discriminatory...
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C. Example of a Pattern Suggesting Unlawful Discrimination
such local recipients receiving per-pupil allocations of Federal or State vocational education funds lower than the State-wide average per-pupil allocation will be presumed unlawfully discriminatory...
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Complete complaint
Complete complaint means a written statement that contains the complainant's name and address and describes the public entity's alleged discriminatory action in sufficient detail to inform...
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Complete complaint
Complete complaint means a written statement that contains the complainant's name and address and describes the public entity's alleged discriminatory action in sufficient detail to inform...
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1. What are the basic requirements of ADA Title II and Section 504?
benefit from the programs, services and activities of the entity;36 they are also prohibited from using methods of program administration, which includes written rules as well as agency practices...
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CLOSED-CIRCUIT TELEPHONE
[DSA-AC] A telephone with a dedicated line such as a house phone, courtesy phone or phone that must be used to gain entry to a facility....
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12182(b)(1)(A)(iii) Separate benefit
(iii) Separate benefit It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly,...
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2.2(b) Record of a Substantially Limiting Condition
employment record] containing such information to make an adverse employment decision about a person who currently is qualified to perform a job, the action is subject to challenge as a discriminatory...
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30. Treatment of students
Section 104.43 contains general provisions prohibiting the discriminatory treatment of qualified handicapped applicants....
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1630.14(b)(3)
(See section 1630.15(b) Defenses to charges of discriminatory application of selection criteria)....
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III-3.2000 Denial of participation
The ADA prohibits discriminatory denial of services or benefits to individuals with disabilities....
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§1630.14(b)(3)
(See §1630.15(b) Defenses to charges of discriminatory application of selection criteria.)...