A public entity determines which method it will use for meeting its program accessibility obligations....
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Title II Program Accessibility
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8.9 Drug Testing
(On the other hand, a test to determine an individual's blood alcohol level would be a "medical examination" and only could be required by an employer in conformity with the ADA.)...
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5. What may an employer do when it learns that an applicant has or had a hearing impairment after she has been offered a job but before she starts working?
It must determine whether Lydia's hearing impairment would result in a direct threat (that is, a significant risk of substantial harm to Lydia or to others in the workplace). ...
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Summary of Major Provisions
on private sites provided by the occupant of the unit, existing commercial sites, or military installations, the final rule requires entities to provide units with mobility features as determined...
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4. "Overarching Policy"
Godinez, 546 F.3d 788, 795 (7th Cir. 2008), for the proposition that this Court, in determining standing, must look at the "case as a whole, rather than picking apart its various components...
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How to Measure Transfer Surface Height
Several necessary features determine the shape of an examination table seat: The perineal cut-out provides access to the perineum for gynecological and urological examinations....
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44. Can an employer deny a request for leave when an employee cannot provide a fixed date of return?
If an employee cannot provide a fixed date of return, and an employer determines that it can grant such leave at that time without causing undue hardship, the employer has the right to require...
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General description of monetized benefits for water closet clearance in single-user toilet rooms—in-swinging doors (Req. # 32)
. #32), the expert panel determined that the primary beneficiaries would be persons who use wheelchairs....
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§35.130 General prohibitions against discrimination (Section-by-Section Analysis)
The analysis of §35.130(d) is relevant to this determination....
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BACKGROUND
. §§ 12131 - 12134, and title II’s implementing regulation, 28 C.F.R. pt. 35, to determine the physical accessibility of the City’s polling places to people with mobility and vision disabilities...
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BACKGROUND
. §§ 12131 - 12134, and title II’s implementing regulation, 28 C.F.R. pt. 35, to determine the physical accessibility of County’s polling places to people with mobility and vision disabilities...
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Test Procedures
Samples of EWF will be obtained from each surface for moisture content determination immediately following the impact testing....
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I. Plan Development
An employer also may periodically survey all of its current employees to determine whether they will require assistance in an emergency, as long as the employer makes it clear that self-identification...
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BACKGROUND
. §§ 12181-12189, to determine whether individuals with disabilities have full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations offered...
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Recommendations for Future Research
• Additional research would be required to determine the validity and repeatability of the Rotational Penetrometer measurements on surfaces with slopes greater than 5%....
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III-6.4000 Alterations: Historic preservation
After consulting ADAAG, the architect determines that the appropriate historic body with jurisdiction over the particular historic home is the Advisory Council on Historic Preservation....
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General description of monetized benefits for water closet clearance in single-user toilet rooms—in-swinging doors (Req. # 32)
. #32), the expert panel determined that the primary beneficiaries would be persons who use wheelchairs....
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Fixed Route System and Demand Responsive System
Nevertheless, because how a system is categorized has consequences for the requirements it must meet, entities must determine, on a case-by-case basis, into which category their systems...
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8. Testing to Ensure Direct, Equal Access
The goal of these tests is to determine whether TTY equipment functions properly and whether personnel have been adequately trained to handle TTY calls correctly....
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Temporary Impairments
How long an impairment lasts is a factor to be considered, but does not by itself determine whether a person has a disability under the ADA....
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Vanity Counter Space
However, this is a determination that must be made on a case-by-case basis....
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a. The employer's judgment
However, the consideration of various kinds of evidence to determine which functions are essential does not mean that an employer will be second-guessed on production standards, setting...
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101.2 Effect on Removal of Barriers in Existing Facilities
Any determination that this document applies to existing facilities subject to the barrier removal requirement is solely within the discretion of the Department of Justice and is effective...
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Section 1630.15(f) Claims Based on Transitory and Minor Impairments Under the “Regarded As” Prong
Section 1630.15(f)(2) explains that the determination of “transitory and minor” is made objectively....