28 C.F.R. 35.130 - General prohibitions against discrimination

Cite as28 C.F.R. 35.130
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1475 practice notes
  • Workforce Investment Act of 1998; implementation of nondiscrimination and equal opportunity provisions,
    • United States
    • Federal Register November 12, 1999
    • November 12, 1999
    ...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......
  • National Standards To Prevent, Detect, and Respond to Prison Rape
    • United States
    • Federal Register June 20, 2012
    • June 20, 2012
    ...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......
  • Affirmatively Furthering Fair Housing
    • United States
    • Federal Register July 16, 2015
    • July 16, 2015
    ...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......
  • Nondiscrimination in Health Programs and Activities
    • United States
    • Federal Register September 08, 2015
    • September 8, 2015
    ...``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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1421 cases
  • Trujillo v. Rio Arriba Cnty. ex rel. Rio Arriba Cnty. Sheriff's Dep't, No. CIV 15-0901 JB/WPL
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • December 19, 2016
    ...requires law enforcement to make changes in policies that result in discriminatory arrests or abuse of individuals with disabilities." 28 C.F.R. § 35, App. A, Subpart B.Gorman'' allegations that the defendants denied him the benefit of post-arrest transportation appropriate in light of his ......
  • Wessel v. Glendening, No. 00-6634.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • September 26, 2002
    ...to the disabled unless providing such access would "fundamentally alter the nature of the service, program, or activity."11 28 C.F.R. § 35.130(b)(7) (2001). For example, it may be entirely rational (and thus constitutional) for a state to refuse to move a polling place to a location that is......
  • New Directions Treatment Serv. V. City of Reading, No. 05-4353.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 15, 2007
    ...to avoid discrimination unless the modification 490 F.3d 303 would fundamentally alter the program, activity, ordinance, or statute. 28 C.F.R. § 35.130(b)(7). However, where the "statute discriminates against qualified individuals on its face rather than in its application," the applicable ......
  • Meeks v. Schofield, Case No. 3:12–cv–545.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Middle District of Tennessee
    • March 31, 2014
    ...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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11 firm's commentaries
  • DOJ Opioid Use Disorder Treatment Guidance Document
    • United States
    • LexBlog United States
    • April 11, 2022
    ...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......
  • DOJ Opioid Use Disorder Treatment Guidance Document
    • United States
    • LexBlog United States
    • April 11, 2022
    ...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......
  • Addressing The Challenge Of A Hoarding Tenant: An Advisory For Residential Landlords
    • United States
    • Mondaq United States
    • March 14, 2013
    ...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......
  • OSERS Issues Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak
    • United States
    • JD Supra United States
    • March 18, 2020
    ...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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