It is unlawful for a covered entity to use standards, criteria, or methods of administration, which are not job-related and consistent with business necessity, and:...
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§1630.7 Standards, criteria, or methods of administration.
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Summary of significant issues raised by public comments in response to the NPRM Paperwork Reduction Act analysis and annual reporting burden estimate
Summary of significant issues raised by public comments in response to the NPRM Paperwork Reduction Act analysis and annual reporting burden estimate. Comment....
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E103.4 Remaining Terms (Section-by-Section Analysis)
The remaining twelve proposed new terms would be added to aid stakeholder understanding of particular requirements or criteria in the 508 Standards. Definitions for the terms...
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E103.4 Authoring Tool (Section-by-Section Analysis)
The term “authoring tool” would be defined to mean “any software, or collection of software components, that can be used by authors, alone or collaboratively, to create or modify...
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Assistive listening systems. (Section-by-Section Analysis)
Assistive listening systems. The 1991 Standards at sections 4.33.6 and 4.33.7 require assistive listening systems (ALS) in assembly areas and prescribe general performance standards...
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Work Areas (Preamble, Section-by-Section Analysis)
Work Areas Proposed paragraph 36.401(b) addressed access to employment areas, rather than to the areas where goods or services are being provided. The preamble noted that the...
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‘‘Individual with a disability’’ (Preamble, Section-by-Section Analysis)
‘‘Individual with a disability’’ means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public accommodation acts on...
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Historic Facilities (Preamble, Section-by-Section Analysis)
- As mandated by the ADA, the Board has established a procedure to be followed with respect to alterations to historic facilities.
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Subpart A -- General (Preamble, Section-by-Section Analysis)
Subpart A -- General
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Public Entrances (Preamble, Section-by-Section Analysis)
- Generally, at least 50% of public entrances to new buildings must be accessible, rather than all entrances, as would often have resulted from the proposed approach.
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Areas of Refuge (Preamble, Section-by-Section Analysis)
- Areas of refuge (areas with direct access to a stairway, and where people who cannot use stairs may await assistance during a emergency evacuation) will be required, as proposed,...
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‘‘Commercial facilities’’ (Preamble, Section-by-Section Analysis)
‘‘Commercial facilities’’ are those facilities that are intended for nonresidential use by a private entity and whose operations affect commerce. As explained under § 36.401, ‘‘New...
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Unequal benefit (Preamble, Section-by-Section Analysis)
Unequal benefit—Section 36.202(b) prohibits services or accommodations that are not equal to those provided others. For example, persons with disabilities must not be limited to...
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"Religious entity.'' (Preamble, Section-by-Section Analysis)
"Religious entity.'' The term "religious entity'' is defined in accordance with section 307 of the ADA as a religious organization or entity controlled by a religious organization,...
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General Comments (Preamble, Section-by-Section Analysis)
General Comments One commenter urged the Department to move all or portions of subpart D, New Construction and Alterations, to the appendix (ADAAG) or to duplicate portions of...
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Separate benefit (Preamble, Section-by-Section Analysis)
Separate benefit—Section 36.202(c) permits different or separate benefits or services only when necessary to provide persons with disabilities opportunities as effective as those...
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Deny participation (Preamble, Section-by-Section Analysis)
Deny participation—Section 36.202(a) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the goods, services,...
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Elevator Exemption (Preamble, Section-by-Section Analysis)
Elevator Exemption Section 36.401(d) implements the ‘‘elevator exemption’’ for new construction in section 303(b) of the ADA. The elevator exemption is an exception to the general...
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Section 36.201(a) (Preamble, Section-by-Section Analysis)
Section 36.201(a) contains the general rule that prohibits discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges,...
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"Private entity.'' (Preamble, Section-by-Section Analysis)
"Private entity.'' The term "private entity'' is defined as any individual or entity other than a public entity. It is used as part of the definition of "public accommodation'' in...
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‘‘Private club.’’ (Preamble, Section-by-Section Analysis)
‘‘Private club.’’ The term ‘‘private club’’ is defined in accordance with section 307 of the ADA as a private club or establishment exempted from coverage under title II of the Civil...
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"Public accommodation.'' (Preamble, Section-by-Section Analysis)
"Public accommodation.'' The term "public accommodation'' means a private entity that owns, leases (or leases to), or operates a place of public accommodation. The regulatory term,...
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Structural Impracticability (Preamble, Section-by-Section Analysis)
Structural Impracticability Proposed § 36.401(c) is included in the final rule with minor changes. It details a statutory exception to the new construction requirement: the...
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Sales Counters (Preamble, Section-by-Section Analysis)
- The final guidelines provide greater flexibility in providing access to sales counters, and no longer require a portion of every counter to be accessible.