On July 26, 1991, the Department issued rules implementing title II and title III, which are codified at 28 C.F.R. part 35 (title II) and 28 C.F.R. part 36 (title III). ...
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A. Overview Of The Relevant Statutory And Regulatory Provisions
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4 Appendix B to part 36: Analysis and Commentary on the 2010 ADA Standards for Accessible Design
changes in the scoping and technical requirements for new construction and alterations resulting from the adoption of new ADA Standards for Accessible Design (2010 Standards) in the final rules...
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7.11(a) Collective Bargaining Agreements
Editor's Note Since A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act was published, the Supreme Court has issued three rulings...
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M305.4 Leg Supports (Section-by-Section Analysis)
However, in the final rule the Access Board has made an editorial change in terminology, from stirrups to leg supports, in response to the MDE Advisory Committee recommendation and to provide...
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15. When are "path of travel" obligations triggered?
Under the Department of Justice rules (28 C.F.R. 36.403), the cost of providing an accessible "path of travel" to the altered area is considered "disproportionate" when the cost exceeds...
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M302.2.3 Size (Section-by-Section Analysis)
Board has decided to increase the transfer surface size for equipment used by patients in a seated position to 17 inches deep and retain the 21-inch-wide requirement from the proposed rule...
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31. Must an employer provide a reassignment if it would violate a seniority system?
Generally, it will be "unreasonable" to reassign an employee with a disability if doing so would violate the rules of a seniority system.(92) This is true both for collectively bargained...
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The ADA and Department of Justice Regulations
On July 26, 1991, the Department issued its final rules implementing title II and title III, which are codified at 28 CFR part 35 (title II) and part 36 (title III). ...
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"Qualified Reader'' (Section-by-Section Analysis)
The final rule defines a ‘‘qualified reader'' to mean ‘‘a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.''...
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6. Modifications to the Functional Performance Criterion for Limited Vision
Accordingly, the Board proposes to retain this approach to functional performance criteria for limited vision in this propose rule....
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Portable tactile maps
Other rules of thumb include restrictions on crowding, and proper use of Braille labeling (Edman, 1992). ...
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Companions
To prevent potential abuse of this provision, the rule provides that a companion (e.g., friend or family member) does not count as a personal care attendant unless the eligible individual...
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II-6.2100 General
It is anticipated that the Department of Justice will amend its title II rule to eliminate the choice between ADAAG and UFAS and, instead, mandate that public entities follow the amended...
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11B-403.3 Slope
Access Board issued a proposed Supplemental Rule to address accessibility for Shared Use Paths (used by pedestrians, bicyclists, and others for transportation or recreation), distinguished...
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D. Real-Time Text
Section 410.6 of the proposed rule would require ICT with real-time voice communication features to also support communication through real-time text....
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III. Background
., 527 U.S. 471, 482 (1999), the Court ruled that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating...
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Section 36.301 Eligibility Criteria (Preamble, Section-by-Section Analysis)
Section 36.301 Eligibility Criteria Section 36.301 of the rule prohibits the imposition or application of eligibility criteria that screen out or tend to screen out an individual with...
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New Construction
The final rule retains that requirement at Sec. 35.151(k)(2), but increases the scoping for accessible cells from the 2 percent specified in the 2004 ADAAG to 3 percent....
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2. Netflix’s Watch Instantly Service Falls Within the Enumerated Categories of Public Accommodations
Yeskey, 524 U.S. 206, 211 (1998) (ruling that ADA applies to prisons, even if “Congress did not envision that the ADA would be applied to state prisoners”) (citation and internal punctuation...
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Serving People with Disabilities in the Most Integrated Setting: Community Living and Olmstead
L.C when states implement the 2013 Home Care Rule under the Fair Labor Standards Act. ...
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Retrofitting Kiosks
airport are accessible and that accessible kiosks provided in each location at the airport provide all the same functions as the inaccessible kiosks at that location by ten years after the rule's...
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6. Compliance Monitoring
We asked whether the Department should initiate random “spot” investigations of carrier and online ticket agency Web sites to monitor compliance after the rule becomes effective....
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A. Introduction (Section-by-Section Analysis)
Section VI.B (508 Standards: Application and Scoping) and Section VI.C (255 Guidelines: Application and Scoping), below, summarize the proposed rule and explain any differences between the...
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BACKGROUND
State law requires that all polling places shall be accessible to voters with disabilities, as determined by rule of the State Board of Elections....