Entities covered by the final rules may choose to delay otherwise desired alterations to their facilities due to the increased incremental costs imposed by compliance with the new requirements...
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Costs Not Monetized in the Formal Analysis
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A. Introduction (Section-by-Section Analysis)
The existing standards and guidelines are set forth in two separate regulatory parts—36 CFR Parts 1194 and 1193—and apply to different types of covered entities (e.g., federal entities and...
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Section 1630.2(o) Reasonable Accommodation
An employer or other covered entity may restructure a job by reallocating or redistributing nonessential, marginal job functions....
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3. Statutory and Regulatory Background
The final rule does not apply to outdoor developed areas administered by state and local governments and by private entities covered by Titles II and III the Americans with Disabilities...
- FAA Advisory Circular 150/5360-14: Access to Airport by Individuals with Disabilities
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Section 1630.2(k) Record of a Substantially Limiting Impairment
An individual may have a “record of” a substantially limiting impairment—and thus be protected under the “record of” prong of the statute—even if a covered entity does not specifically know...
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II. Definitions of Standards and Guidelines Referenced in This Document
For purposes of compliance with title II of the ADA, covered entities were not permitted to use the elevator exemption contained at sections 4.1.3(5) and 4.1.6(1)(j) of the 1991 Standards...
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NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), the [name of public entity] will...
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General: ADA Standard Section 223.1
Section 223.1 of the ADA Standards covers information in the current ADA Standards on scoping requirements for medical care and long-term care facilities.
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11B-707.4 Privacy
., a covered entity does not have to take measures that would result in a fundamental alteration of its program or would cause undue burdens, provide adequate protection to operators of...
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11B-707.4 Privacy
., a covered entity does not have to take measures that would result in a fundamental alteration of its program or would cause undue burdens, provide adequate protection to operators of...
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1630.11 Administration of tests
It is unlawful for a covered entity to fail to select and administer tests concerning employment in the most effective manner to ensure that, when a test is administered to a job applicant...
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Q25. When can service animals be excluded?
The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided...
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Equipment and furniture.
The ANPRM explained that free-standing equipment was already addressed in the regulation in several different contexts, but because covered entities continue to raise questions about their...
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II-8.3000 Transition plan
Where structural modifications are required to achieve program accessibility, a public entity with 50 or more employees must do a transition plan by July 26, 1992, that provides for the...
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D. Effective date
Following the publication of a final rule, the Department must set an effective date for the application of any new title II or title III regulations requiring the websites of entities covered...
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Section 36.309 Examinations and Courses (Section-by-Section Analysis)
Section 309 of the ADA is intended to fill the gap that is created when licensing, certification, and other testing authorities are not covered by section 504 or title II of the ADA, and...
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State and Local Government Facilities: Guidance on the Revisions to 28 CFR Section 35.151
Guidance on the Revisions to 28 CFR Section 35.151 Section 35.151(a), which provided that those facilities that are constructed or altered by, on behalf of, or for the use of a public entity...
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General Substantive Requirements of the New Construction Provisions (Preamble, Section-by-Section Analysis)
General Substantive Requirements of the New Construction Provisions The rule requires, as does the statute, that covered newly constructed facilities be readily accessible to and usable...
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General Substantive Requirements of the New Construction Provisions (Section-By-Section Analysis and Response to Comments)
General Substantive Requirements of the New Construction Provisions (Section-By-Section Analysis and Response to Comments) The rule requires, as does the statute, that covered newly constructed...
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General: ADA Standard Section 233.1
Section 233 of the ADA Standards covers information in the current ADA Standards on scoping requirements for residential facilities.
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Section 37.61 Public Transportation Programs and Activities in Existing Facilities
This provision is intended to cover activities and programs of an entity that do not rise to the level of alteration....