INVESTIGATIVE AGENCIES. December 2006 Nine Federal agencies are designated to investigate disability-related discrimination complaints filed against State and local government programs under Title I or Title II of the Americans with Disabilities Act (ADA). Each agency is responsible for investigating complaints involving the topics described. In addition, under Section 504 of the Rehabilitation Act, these agencies investigate complaints involving the programs they fund. Agriculture. U.S. Education. Www.ed.gov/ocr/complaintprocess.html Employment. U.S.
Health and Human Services. U.S. Housing. U.S. Labor and Work Force Participation. U.S. Lands, Resources, and Environment. U.S. Transportation. U.S. Other Government Functions, including Law Enforcement. U.S. Reproduction of this document is encouraged. Publications. Accessible Tech - For Accessible Technology In The Workplace. Welcome to "Hospitality & Disability" | ADA Hospitality.
ADA Portal | Basic Search. ADA National Network: Your Resource on the Anniversary of the Americans with Disabilities Act (ADA) ~ Questions? 1-800-949-4232 [voice/tty] Disability Law Lowdown Website. ADA Case Law Database. 2011 Disability Law: Cases, Materials, Problems_pdf. Journal of DuPage County Bar Association. Midwest Center on Law and the Deaf. EEOC: Disability Discrimination. Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship"). Disability Discrimination & Work Situations Disability Discrimination & Harassment. William Goren Blog. The bloggosphere reports that the City of Lomita California has asked the full Ninth Circuit to rehear the ruling in this case. As is traditional with me, the blog entry is divided into parts: facts, court’s reasoning, and chances en banc/takeaways.
The reader is free to focus on any or all of the parts. I Facts: Here’s what happened: a mobility impaired plaintiff sues because the City of Lomita California has no diagonal stall parking on its streets. Therefore, the streets are devoid of accessible parking. The city defends on the ground that it is off the hook because of the absence of regulatory design specification for on street parking facilities. II Court’s Reasoning The Ninth Circuit (panel of Paez, Nguyen, and Motz with Paez writing the opinion), held that the absence of architectural guidelines does not give the defendant a get out of jail free card and here is how they got there: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
III Chances en banc/Takeaways: 1. 2. 3. Legal Mandates Section - Document.
Americans with Disabilities Act. Rehabilitation Act. Lawsuits. Apps for Justice - Learning Law by Creating Software. DREDF: Disability Rights Education and Defense Fund. Looking Back on a Decade of Progress. The ADA protects the right of people with disabilities to have equal access to the basic institutions of State and local government. The Department has sought to eliminate physical, communication, and policy barriers in law enforcement, town halls, jails, courtrooms, and legislative chambers. 1. Affirming the Right to Citizen ParticipationWisconsin City Makes City Hall Accessible -- In resolving a complaint by a Waukesha City alderman who uses a wheelchair, the City agreed to make its city hall accessible. It agreed to hold its closed deliberations in the accessible room in which it holds general meetings, renovate the first floor bathrooms, install automatic door openers at the building's entrance, and provide a van accessible parking space.Small Montana Town Provides Access to Civic Functions -- Manhattan, Montana, agreed to make its town programs accessible by making a few renovations and taking alternative nonstructural measures.
ADA Celebration at the Dickinson City Hall 3. 1. Internet Legal Research Group. Office for Civil Rights. Section 504, the ADA and Education Reform. Print this page Introduction In implementing education reform initiatives, public schools and school systems must abide by Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act (ADA) which prohibit discrimination on the basis of disability. Section 504 prohibits recipients of federal funds from discriminating on the basis of disability. Title II of the ADA prohibits discrimination on the basis of disability in state and local government services by state and local governmental entities, whether or not they receive federal funds.
This includes public school districts. Virtually all public school systems receive federal funds, and public education is a government service. Education reform initiatives, of course, vary from state to state, and sometimes from community to community. Key Concepts Under Section 504 and the ADA 1. 2. 3. 4. Key Legal Concepts and Standards-Based Education Reform Using Standards as a Strategy for Reform. Overview of ADA, IDEA, and Section 504. Americans With Disabilities Act of 1990 (ADA) Type/Purpose--A civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations. Who Is Protected? --Any individual with a disability who: (1) has a physical or mental impairment that substantially limits one or more life activities; or (2) has a record of such an impairment; or (3) is regarded as having such an impairment. Further, the person must be qualified for the program, service, or job.
Responsibility To Provide A Free, Appropriate Public Education (FAPE)? --Not directly. However, (1) ADA protections apply to nonsectarian private schools, but not to organizations or entities controlled by religious organizations; (2) ADA provides additional protection in combination with actions brought under Section 504 and IDEA. Funding To Implement Requirements? Due Process--The ADA does not delineate specific due process procedures. Back to the Table of Contents Who Is Protected?