The readily achievable defense requires a less demanding level of exertion by a public accommodation than does the undue burden defense to the auxiliary aids requirements of § 36.303....
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Section 36.304 Removal of Barriers (Preamble, Section-by-Section Analysis)
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V. Enforcement and Termination
reinstated, Harris County expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses...
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What Testing Accommodations Must Be Provided?
also require public and private testing entities to provide modifications and auxiliary aids and services for individuals with disabilities unless the entity can demonstrate an applicable defense...
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40. Must an employer ask whether a reasonable accommodation is needed when an employee has not asked for one?
An employer may not assert that it never received a request for reasonable accommodation, as a defense to a claim of failure to provide reasonable accommodation, if it actively discouraged...
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ADA Facilities Compliance Strategies for Private Hospitals
This is your “good faith effort” defense log. 10.) UPDATE - Review the accessibility of your facilities on an ongoing basis....
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ADA Facilities Compliance Strategies for Private Entities
This is your “good faith effort” defense log. 10.) UPDATE - Review the accessibility of your facilities on an ongoing basis....
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Glossary of Acronyms
DLRC Disability Law Resource Center DOJ Department of Justice DRC Disability Rights Center DREDF Disability Rights Education and Defense...
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Interagency Committee on Disability Research (ICDR)
Director of the National Institutes of Health Director of the National Institute of Mental Health Director of the National Science Foundation Secretary of Defense...
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Section 36.304 Removal of Barriers (Section-By-Section Analysis and Response to Comments)
The readily achievable defense requires a less demanding level of exertion by a public accommodation than does the undue burden defense to the auxiliary aids requirements of Sec.36.303....
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Telecommunications. (Section-by-Section Analysis)
may be legitimate reasons why in a particular situation some of these new and developing auxiliary aids may not be available, may be prohibitively costly (thus supporting an undue burden defense...
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The History of Accessibility Guidelines
Department of Defense, or the U.S. Postal Service. Those agencies developed their own guidelines. Uniform Federal Accessibility Standards (UFAS)— 1984 to 2006....
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Enforcement Provisions
of a dispute arising as to a determination of the possibility of identifying an accessible facility or one that can be made accessible on Election Day, the City maintains all claims and defenses...
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The Disability Community in 1988
The Disability Community in 1988 Although the 1980s began by putting the disability community and the broader civil rights community on the defensive, Wright, Kemp, Neas, Funk, Mayerson...
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Corada‘s Best in Accessibility Lists - Rules and Regulations
General Contractors Architects Engineers Interior Designers Landscape Architects Accessibility Lawyers – Plaintiff & Defense ADA Coordinators Accessibility Consultants...
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First Victory
First Victory Sometimes, as in basketball, the best way to launch an offensive assault is to get a good defensive stop—a steal, a forced turnover....
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B. Legal foundation for equipment and furniture coverage
service, program, or activity so that, when viewed in its entirety, the service, program, or activity is readily accessible to and usable by individuals with disabilities, subject to a defense...
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Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
Thus, corrections systems would not have to comply with the requirements of § 35.152(b)(1) in any specific circumstance where these defenses are met....
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2. Standing
The defense of lack of subject matter jurisdiction may be raised at any time, and the court is under a continuing duty to examine its jurisdiction. Augustine v....
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Introduction
Department of Defense, the U.S. General Services Administration, and the U.S....
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General comments regarding safe harbor. (Section-by-Section Analysis)
The statutory defense maximizes accessibility by requiring case-specific, individualized determinations that excuse strict compliance when it is too difficult or costly. ...
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Equipment and furniture.
requires that entities operate each service, program, or activity so that, when viewed in its entirety, each is readily accessible to and usable by individuals with disabilities, subject to a defense...
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Alterations and water closet clearances in single-user toilet rooms with in-swinging doors. (Section-by-Section Analysis)
Further, in any isolated instances where existing structural limitations may entail loss of space, the public entity and public accommodation may have a technical infeasibility defense for...
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Accessible golf cars. (Section-by-Section Analysis)
Commenters also pointed out that the Departments of the Interior and Defense have already mandated that golf courses under their jurisdictional control must make accessible golf cars available...
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III-5.1000 General
There is no cost defense to the new construction requirements. What buildings are covered?...
