Understanding what constitutes an accessible feature and how each feature serves guests with disabilities will enable staff to provide essential information to customers....
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1. My business does not need to be compliant because the building is old and therefore is grandfathered.
"Grandfathering" is the notion that the Americans with Disabilities Act (ADA) and state law access requirements do not apply to buildings constructed prior to the effective date of these...
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Accessible Route to Goods and Services
Accessible Route to Goods and Services The path a person with a disability takes to enter and move through your business is called an “accessible route.”...
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PART 1: OVERVIEW AND GENERAL REQUIREMENTS
Due to barriers, individuals with disabilities are less likely to get routine preventative medical care than people without disabilities....
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Appendix to §36.304(d) Compliance Dates and Applicable Standards for Barrier Removal and Safe Harbor
Date Requirement Applicable Standard Before March 15, 2012 Elements that do not comply with the requirements for those elements...
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BUSINESSES AND NON-PROFIT SERVICE ORGANIZATIONS
BUSINESSES AND NON-PROFIT SERVICE ORGANIZATIONS The ADA prohibits discrimination by public accommodations, which include businesses and non-profit service organizations that...
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Inquiry into the use of other power-driven mobility device. (Section-by-Section Analysis)
Because many individuals with mobility disabilities avail themselves of State programs that issue disability parking placards or cards and because these programs have penalties for fraudulent...
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How can I find out information on the number and types of disability-related complaints filed with DOT against specific airlines?
QUESTION: How can I find out information on the number and types of disability-related complaints filed with DOT against specific airlines?...
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SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PAROWAN, UTAH DJ # 205-77-1
The United States Department of Justice is referred to as the “United States” or “Department”; the City of Parowan as “City”; and the Americans with Disabilities Act of 1990, as amended,...
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§ 35.138(h) Prevention of fraudulent purchase of accessible seating
A public entity may not require proof of disability before selling a wheelchair space....
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Accessibility Guidebook for Ski Areas Operating on Public Lands
The guidebook addresses facility and program accessibility....
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Sections 35.108(d)(1)(v) and 36.105(d)(1)(v)—Comparisons to Most People in the Population, and Impairment Need Not Prevent or Significantly or Severely Restrict a Major Life Activity
or mental impairments that would previously have been found to constitute disabilities are not considered disabilities under the Supreme Court’s narrower standard.’’ 154 Cong....
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Bias Toward Wheelchair Users
Two commenters stated that the proposed guidelines were biased toward wheelchair users, and that the Department has erroneously assumed that the elderly and the physically disabled have...
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First Victory
of the task force were the Section 504 regulations, the Education for all Handicapped Children Act (P.L. 94-142), and the regulations for the Architectural and Transportation Barriers Compliance...
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§ 35.138(h) Prevention of fraud in purchase of tickets for accessible seating
A public entity may not require proof of disability, including, for example, a doctor's note, before selling tickets for accessible seating....
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17. Q: Do I have to create another job for an employee who, because of disability, can no longer perform the essential functions of her job even with reasonable accommodation?
The ADA does not require an employer to create jobs for people with disabilities....
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Communication after an Employee Requests Leave
However, if the request for leave can be addressed by an employer's leave program, the FMLA (or a similar state or local law), or the workers' compensation program, the employer may provide...
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Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
The Department continues to believe that requiring an individual to provide proof that he or she is a person with a disability is an unnecessary and burdensome invasion of privacy and may...
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II. ENFORCING THE ADA PART 2
Providers are often surprised at how simple it is to include children with disabilities in their mainstream programs....
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Procedural Safeguards
required to develop and implement a system of procedural safeguards to address FAPE concerns specifically, such as the identification, evaluation, and educational placement of students with disabilities...
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Alterations to prison cells.
a correctional facility present challenges that are not an issue in other government buildings, so the Department must strike a balance between the accessibility needs of inmates with disabilities...
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Sections 35.108(d)(4) and 36.105(d)(4)—Examples of Mitigating Measures
supports and highlights that students [and individuals in other settings] may have developed self-imposed ways to support their disability in order to perform major life activities required...
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SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VERO BEACH, FLORIDA DJ 205-18-16
[See subsections ...]
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1. Making Facilities Accessible and Usable
The obligation for state and local governments to provide "program accessibility" in existing facilities under Title II also differs from their obligation to provide access as employers...