28 CFR 36.304 - Removal of barriers
| Cite as | 28 CFR 36.304 |
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267 practice notes
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Workforce Innovation and Opportunity Act
...that accessibility of one- stop centers must include the removal of barriers as defined in the Americans with Disabilities Act (ADA) and 28 CFR 36.304 and should extend to technological accessibility, citing sec. 508 of the Rehabilitation Act of Department Response: The Department agrees th......
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Cal.NS FOR DISABILITY RIGHTS v. MERVYN'S LLC., No. A106199.
...and detailed regulations, amounting to a federal building code, known as the ADA Accessibility Guidelines (ADAAG). (42 U.S.C. § 12183(a); 28 C.F.R. § 36, App. A (2007).) As previously noted, the ADA prohibits discrimination on the basis of disability in places of public accommodation with r......
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Hubbard v. Twin Oaks Health and Rehabilitation, No. CIV.S 03 725 LKK/KJM.
...January 26, 1992. See id. The third category requires the removal of architectural barriers in preexisting public accommodations. See 28 CFR § 36.304. Under the ADA's continuing barrier removal obligation, it is discriminatory for owners, operators, lessors or lessees to fail to remove arch......
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Freemyer v. Kyrene Vill. Ii LLC, No. CV-10-1506-PHX-GMS
...Aid Corp., 433 F.Supp.2d 1150, 1159 (S.D.Cal. 2006). Barrier removal must comply with the applicable requirements for alterations. 28 C.F.R. § 36.304(d). After January 26, 1992, any alteration to a place of public accommodation "shall be made so as to ensure that, to the maximum extent......
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260 cases
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Parr v. L & L Drive-Inn Restaurant, 97-00729 FIY.
...any apparent danger to persons with disabilities. 27. Barrier removal must comply with the applicable requirements for alterations. 28 C.F.R. § 36.304(d). Any alteration to a place of public accommodation "shall be made so as to ensure that, to the maximum extent feasible, the altered porti......
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McDonald v. Department of Environ. Quality, DA 07-0376.
...¶ 58 Moreover, § 36.304 is not just a "wheelchair provision." It addresses a variety of barriers (e.g., "communication barriers," see 28 C.F.R. § 36.304(a), (b)(6), (b)(7)) and is aimed at "guaranteeing access" to all persons with disabilities, see 28 C.F.R. app. B § 36.304. Notably, one ex......
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Thompson v. Colorado, 96-S-1791.
...set aside parking places for persons with disabilities in order to provide disabled persons with easier access to the facilities. See 28 C.F.R. 36.304(a) and (b)(18); ADA Accessibility Guidelines for Buildings and Facilities, Appendix A to 28 C.F.R. Ch. I, Pt. 36, at § 4.6.2. Thus, accessib......
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Anderson v. Macy's, Inc., Civil Action No. 2:12–cv–556.
...or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity. 29.See28 C.F.R. § 36.304(b) (“Examples of steps to remove barriers include, but are not limited to, the following actions—... (4) Rearranging tables, chairs, vending machines......
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5 firm's commentaries
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The ADA: More Than An Employment Statute.
...detailed regulations defining a "public accommodation" and what constitutes discrimination by these public accommodations. See 28 C.F.R Part 36 and 49 C.F.R. Parts 27,37 and 38 (setting forth the ADA Accessibility Guidelines ("ADAAG"), which are enforced by the Departments of Justice and 2.......
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Readily Achievable Defense Even After Alteration?
...barriers allege; 2) the cost of removal or the proposed remedy; and 3) the effect on the finances and operation of the facility. Under 28 C.F.R. §36.304(a), readily achievable is something that is easily accomplished and able to be carried out without much difficulty or expense. Considerati......
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Readily Achievable Defense Even After Alteration?
...barriers allege; 2) the cost of removal or the proposed remedy; and 3) the effect on the finances and operation of the facility. Under 28 C.F.R. §36.304(a), readily achievable is something that is easily accomplished and able to be carried out without much difficulty or expense. Considerati......
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Employment Law Commentary - A Revised Roadmap For Disability Access in California
...the application of this phrase to "those barriers that are an integral part of the physical structure of the facility." Part 36, App. B, 28 C.F.R. 36.304. Examples include permanent signage, alarm systems, and "the presence of physical partitions that hamper the passage of sound waves betwe......
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2 books & journal articles
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Vol. 12, No. 4, Pg. 14. Title III of the ADA: More than an Employment Statute.
...achievable to remove such barriers, failure to make alternate accommodations. Id. at § 12181(b)(2)(A) (ii), (iv)and (v); 28 C.F.R. §§ 36.302, 36.304 and Failure to Make Modifications. Title III includes in its definition of discrimination the failure by a public accommodation to make reason......
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Americans with Disabilities Act Scavenger Hunt
...the lecture, the students have the opportunity to apply what theyhave learned by participating in a scavenger hunt.958928 C.F.R. § 36.304 (2017).90Nondiscrimination on the Basis of Disability by Public Accommodations—Movie Theaters;Movie Captioning and Audio Description, 81 Fed. Reg. 87348 ......