Americans With Disabilities Act Handbook 1991

The official handbook which is the basic resource on the American With Disabilities Act (ADA) for business and the affected public. Contains annotated regulations for all three titles of the Act, resources for obtaining further assistance, and an appendix containing supplementary information concerning implementation. Loose-leaf, punched to fit your 3-ring binder.

The Americans With Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements. In one comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation. There's a complete analysis of the rapidly expanding case law - organized by frequently litigated topics, like wheelchair access and AIDS discrimination. In-depth analysis is provided for the numerous federal and state cases and significant regulatory activity by the EEOC cropping up each year. You'll also get thorough analysis of how the Rehabilitation Act of 1973 relates to ADA. The statutory definition of disability and the concept of being andquot;otherwise qualifiedandquot; for a job are also discussed in-depth. And you'll see exactly what employers, business owners, and providers of governmental services must do to make andquot;reasonable accommodation.andquot; Plus, a comprehensive section that organizes case law by type of physical and mental impairment and accommodation by type of job requirement, making analysis easier. Americans With Disabilities Act Handbook has been updated to include: Analysis of a Supreme Court case finding that Wal-Mart class action did not meet requirements of Federal Rules of Civil Procedure 23 Case law applying the 2008 Amendments and EEOC's implementing regulations Analysis of Supreme Court case providing a framework for andquot;cat's pawandquot; proof of disparate treatment Analysis of a Supreme Court case finding retaliation because of a fianceand´e's protected activity Analysis of a Supreme Court case allowing oral requests for FMLA leave Analysis of cases assessing whether the employer erroneously perceived an employee as unable to perform a andquot;range of jobsandquot; Discussion of a case denying safe harbor to a recovering drug abuser Analysis of case allowing an employer to assign an HIV-positive employee to train only those employees signing a waiver Discussion of a case finding that a return-to-work medical examination did not violate the ADA Analysis of the andquot;one-strikeandquot; rule imposed by an employers' association Discussion of a case finding that reductions in paratransit services did not violate ADA New cases rejecting challenges to arbitration

Includes: Preamble, Introduction, Title I, Title II, Title III, Resource List, and Appendices.

This guide for architects and builders explains requirements buildings must meet under the Americans with Disabilities Act, and includes Final Fair Housing Accessibility guidelines, design guidelines for accessible and adaptable dwellings, detailed drawings and dimensions for new construction, amendments to final ADA guidelines, and much more.

This handbook's aim is to provide information and assistance on the Americans with Disabilities Act of 1990 to people with disabilities, businesses, and the affected public. The handbook contains annotated regulations for titles I, II, and III; resources for obtaining additional assistance; and several appendixes of supplementary information. Title I covers equal employment opportunity for individuals with disabilities, Title II addresses nondiscrimination on the basis of disability in state and local government services, and Title III focuses on nondiscrimination on the basis of disability by public accommodations and in commercial facilities. For each title, a summary and background are provided, followed by a rulemaking history, regulatory process matters, outline of the rule, and an annotated rule or regulations. The resource section lists 16 Federal government organizations and 75 nongovernment organizations, with descriptions of their activities and focus areas. Appendixes provide the text of the law, accessibility guidelines, a chart of coverage and effective dates, definitions of terms, legislative history, disability-related tax provisions applicable to businesses, Supreme Court cases and regulations related to Section 504 of the Rehabilitation Act of 1973, and a list of acronyms. (JDD)

(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.