(a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a...
Search Results "Individual with a Disability"
2010 ADA Definition
Individual with a Disability: Individual with a disability means a person who has a disability. The term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the private entity acts on the basis of such use.
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§ 35.130(a)
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§ 35.130(b)
(b)
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§ 35.149 Discrimination prohibited.
Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities...
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§ 35.170(a) Who may file
An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself...
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What the Law Says
(Bondi 2001) The Americans with Disabilities Act of 1990 (ADA) does not require formal emergency plans....
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What Terminology Should Be Used?
Although people who have disabilities refer to themselves in many different ways and numerous "buzz words" have been used to describe people with disabilities over the years, direction for...
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§104.22 Existing facilities.
[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]
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2. What is the most integrated setting under the ADA and Olmstead in the context of a state and local government’s employment service system?
A: The “most integrated setting” is “a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible.” 16 In the employment services...
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II-2.2000 Physical or mental impairments.
The first category of persons covered by the definition of an individual with a disability is restricted to those with "physical or mental impairments."...
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§104.22(a) Accessibility
(a) Accessibility. A recipient shall operate its program or activity so that when each part is viewed in its entirety, it is readily accessible to handicapped persons. This paragraph...
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§104.22(b) Methods
(b) Methods. A recipient may comply with the requirements of paragraph (a) of this section through such means as redesign of equipment, reassignment of classes or other services to...
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3. How can state and local governments’ employment service systems ensure that people with disabilities have access to competitive integrated employment?
Supported employment can include various services based on the individualized needs of workers with disabilities to support their entrance into and ongoing sustainability in competitive...
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Section 1630.1(c) Construction
Accordingly, under the ADA as amended and the EEOC's regulations, the definition of “disability” “shall be construed in favor of broad coverage of individuals under [the ADA], to the maximum...
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§104.23(a) Design and construction
(a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the...
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4. What evidence may a person with a disability rely on to establish that an integrated setting is appropriate for him or her?
First policies that instruct states’ disability service systems to prioritize supports in competitive integrated employment for individuals with disabilities.25 Such policies frequently...
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Individual with a disability
Individual with a disability means a person who has a disability....
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5. What factors are relevant in determining whether an individual does not oppose receiving services in an integrated employment setting?
A: People with disabilities in or at risk of entering segregated employment settings must have the opportunity to make an informed decision about whether to work in integrated employment...
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§ 36.105(a)(1)(iii)
(iii) Being regarded as having such an impairment as described in paragraph (f) of this section.
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§ 36.105(a)(2)(ii)
(ii) An individual may establish coverage under any one or more of the three prongs of the definition of “disability” in paragraph (a)(1) of this section, the “actual disability” prong in...
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6. Do the ADA and Olmstead apply to persons at serious risk of segregation in sheltered workshops?
A: The ADA and the Olmstead decision extend to persons at serious risk of institutionalization and segregation and are not limited to individuals currently in segregated settings....
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Program Accessibility
Separate segregated programs just for people with disabilities aren't permitted....
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Evaluate Your Need to Identify as Someone Who Requires Assistance During an Evacuation
There are many people, including those who identify and those who do not identify as having a disability or who have no visible disability, who may also need assistance. ...
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7. What remedies address violations of the ADA’s integration mandate in the context of disability employment systems?
Various indicators of integration are relevant to Olmstead employment remedies, such as individuals with disabilities’ interaction with non-disabled persons to the fullest extent possible...
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8. What is an Olmstead Plan in the state and local government employment service system context?
A: An Olmstead plan is a public entity’s plan for implementing its legal obligation to provide services to individuals with disabilities in the most integrated setting appropriate.35 To...