Americans With Disabilities Act
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On March 25, 2011, the EEOC issued its long-awaited regulations under the Americans with Disabilities Act Amendments Act of 2008 ("ADAAA"). Like the A...
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The Architectural and Transportation Barriers Compliance Board (Access Board) proposes to amend the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines to specifically address emergency transportable housing units that are provided by the Federal Emergency Management Agency or other entities on a temporary site in response to an emergency need for temporary housing. The proposed amendments seek to ensure that newly constructed and altered emergency transportable housing units covered by the ADA or ABA are readily accessible to and usable by individuals with disabilities. Other federal agencies are required to issue enforceable accessibility standards for the construction and alteration of facilities covered by the ADA or ABA that are consi...
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WASHINGTON, July 22 /PRNewswire-USNewswire/ -- The following is the :
Good afternoon, Chairman Nadler, Ranking Member Sensenbrenner, and Members of the Subcommittee.
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This final rule revises the Department of Justice regulations implementing the Americans with Disabilities Act to extend until January 31, 2013, the compliance date for the application of sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design for existing pools and spas.
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Nearing the fifteenth birthday of the Americans with Disabilities Act (ADA), most commentators believe that its overall effects have been disappointing. By this point, there is a standard set of explanations for the ADA's failures: the Supreme Court's limiting decisions relating to the definition of disability, the limits of antidiscrimination law, and the economic failures of the accommodation mandate. This Article challenges the assumption, nearly universal until now, that these explanations and recommendations apply equally to the entire ADA. Through a first-ever quantitative analysis of Title II and III cases, this Article shows that these cases -- unlike title I cases -- fare relatively well in the courts compared with other civil rights statutes. This Article suggests that the maj...
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The Federal Transit Administration (FTA) has placed in the docket and on its Web site proposed guidance in the form of a circular chapter to help transportation providers ensure that the buses and rail cars they acquire meet the requirements of the U.S. Department of Transportation's (DOT) Americans with Disabilities Act (ADA) regulations. This proposed chapter on vehicle acquisition is the first in a series of approximately 12 chapters that will compose a complete ADA circular. By public notice, FTA invites public comment on this proposed circular chapter and suggestions for specific issues to cover in future chapters.
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Employment Discrimination Law--Sixth Circuit Denies Standing to Former Employees Under Title I of Americans With Disabilities Act--McKnight v. General...
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LAKE FOREST, Calif., June 4, 2012 /PRNewswire/ -- On May 21st of 2012 a three judge panel from the US Ninth Circuit Court of Appeals ruled upon the case of James v. Costa Mesa. The case argued that the Americans with Disabilities Act protected disabled patients' rights to use medical marijuana. The ADA was enacted by the U.S. Congress in 1990, then following President George H. W. Bush signed it into law on July 26, 1990. At that moment it was said to be the cornerstone piece of Civil Rights legislation of our times. It contained wide sweeping powers that were left open and meant to have broadening strength as it evolved to protect the disabled citizens of America. The three judge panel has now ruled with two judges ruling against the patients and one judge dissenting in favor of patien...
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Congress enacted the Americans with Disabilities Act (ADA) of 1990 in an attempt to provide comprehensive protection against discrimination for individuals with real or perceived disabilities. Although most circuits have not directly addressed this issue, the First Circuit and the Ninth Circuit have come to different conclusions, creating the "interacting with others divide." These two splits in authority impact a significant number of discrimination claims and have created considerable confusion in the employment arena. The Supreme Court should quickly act to resolve these disputes and should do so by looking to the plain language of the ADA, congressional intent, Supreme Court precedent, and explicit guidance from the Equal Employment Opportunity Commission. Such holdings represent th...