28 C.F.R. 35.130 - General prohibitions against discrimination
| Cite as | 28 C.F.R. 35.130 |
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1478 practice notes
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Workforce Investment Act of 1998; implementation of nondiscrimination and equal opportunity provisions,
...its readability. Also, references to JTPA have been changed to refer to WIA. Paragraphs 37.7(g)-(h): These paragraphs are based on 28 CFR 35.130(b)(5)-(6), from the regulations implementing Title II of the ADA. Differences between the paragraphs and the corresponding paragraphs of the ADA T......
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National Standards To Prevent, Detect, and Respond to Prison Rape
...to make their services, programs, and activities accessible to individuals with all types of disabilities. See 42 U.S.C. 12132; 28 CFR 35.130, 35.151. The ADA also requires State and local governments to take appropriate steps to ensure that their communications with individuals with disabi......
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Affirmatively Furthering Fair Housing
...of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). See 28 CFR part 35, appendix B (addressing 28 CFR 35.130 and providing guidance on the American with Disabilities Act regulation on nondiscrimination on the ba......
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Nondiscrimination in Health Programs and Activities
...``reasonable modifications'' shall be interpreted in a manner consistent with the term as set forth in the ADA Title II regulation at 28 CFR 35.130(b)(7). Sec. 92.206 Equal program access on the basis of A covered entity shall provide individuals equal access to its health programs or activ......
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1426 cases
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Meeks v. Schofield, Case No. 3:12–cv–545.
...entity can demonstrate that making the modifications would fundamentally alter the nature of the services, program, or activity.” 28 C.F.R. § 35.130(b)(7).The defendants here do not dispute that the plaintiff, for purposes of their motion for summary judgment, is a qualified individual with......
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Nat'l Ass'n of the Deaf v. Harvard Univ., Case No. 3:15-cv-30023-KAR
...(stating that "a public entity cannot ‘discriminate directly or through contractual, licensing, or other arrangements’ ") (quoting 28 C.F.R. § 35.130(b)(1) ); Noel , 687 F.3d at 70 (stating that TAM provides that licensing standards are covered by Title II although the licensee’s activities......
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Jonathan Paul Boyd v. Steckel, Case No.: 2:10–cv–688–MEF.
...programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.’ 28 C.F.R § 35.130(d) (1998)Id. at 591–92, 119 S.Ct. 2176. Like § 504, Title II of the ADA provides for a fundamental-alteration defense. 28 C.F.R. § 35.130(b)(7) (“A......
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Pollack v. Reg'l Sch. Unit 75, Civil No. 2:13-cv-00109-NT
...public entities make reasonable modifications for the disabled); Toledo v.Page 24Sánchez, 454 F.3d 24, 39 (1st Cir. 2006) (same); 28 C.F.R. § 35.130(b)(7) (interpreting Title II to impose obligation to make reasonable modifications). In a "reasonable modification" case, the plaintiff bears ......
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11 firm's commentaries
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DOJ Opioid Use Disorder Treatment Guidance Document
...21 42 U.S.C. § 12102(1)(C); 28 C.F.R. §§ 35.108(a)(1)(iii), 35.108(f), 36.105(a)(1)(iii), 36.105(f); see also 42 U.S.C. § 12201(h); 28 C.F.R. §§ 35.130(b)(7)(ii), 36.302(g); 29 C.F.R. § 1630.2(o)(4) (noting that individuals who meet the definition of “disability” solely because they are “re......
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DOJ Opioid Use Disorder Treatment Guidance Document
...21 42 U.S.C. § 12102(1)(C); 28 C.F.R. §§ 35.108(a)(1)(iii), 35.108(f), 36.105(a)(1)(iii), 36.105(f); see also 42 U.S.C. § 12201(h); 28 C.F.R. §§ 35.130(b)(7)(ii), 36.302(g); 29 C.F.R. § 1630.2(o)(4) (noting that individuals who meet the definition of “disability” solely because they are “re......
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Addressing The Challenge Of A Hoarding Tenant: An Advisory For Residential Landlords
...to make an accommodation that a tenant actively resists. See Blatch v. Hernandez, 360 F. Supp. 2d 595, 634 (S.D.N.Y. 2005); see also 28 C.F.R. § 35.130(e)(1) ("[N]othing in this part shall be construed to require an individual with a disability to accept an accommodation or benefit provided......
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OSERS Issues Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak
...also have equal access to the same opportunities, including the provision of FAPE. (34 CFR §§ 104.4, 104.33 (Section 504) and 28 CFR § 35.130 (Title II of the ADA0).” According to the Guidance, “SEAs, LEAs, and schools must ensure that, to the greatest extent possible, each student with a d......
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3 books & journal articles
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Family Law, Parents with Disabilities, and the Americans with Disabilities Act
...Id. § 12102(4)(D).94. Id. § 12102(4)(E)(i).95. Id. § 12102(4)(A).96. Id. §§ 12131-12165.97. Id. § 12132.98. Id. § 12131(2).99. 28 C.F.R. §§ 35.130–35.164 (2018).100. Id. § 35.130(d).101. Id. § 35.130(b)(8).102. Id. §§ 35.160(a)(1), 35.160(b)(1), & 35.164.103. Id. § 35.130(f).104. Id. § 35.1......
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July 2006 - #4. No Exit for Patients Confined at the Vermont State Hospital.
...practices by which disabled Americans today are segregated, excluded, and fenced off from fair participation in our society.'"). 28 C.F.R. 35.130(d). 28 C.F.R. Pt. 35, App. 527 U.S. 581 (1999). 527 U.S. at 595. Perlin, supra note 22, at 80. Id. (quoting Olmstead, 119 S. Ct. at 2187). Weber,......
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Where have all the Developmental Centers Gone? The Federal Push for Community-Based Services for People with Intellectual and Developmental Disabilities
...individuals can “interact with non-disabled persons to the fullest extent possible.”51Such settings are located within mainstream 4428 C.F.R. § 35.130(d) (2014). 45See id. pt. 35. app. B, § 35.133. 46Id. § 35.130(b)(7). 47Olmstead, 527 U.S. at 587. But cf. Kevin M. Cremin, Challenges to Ins......