Helping State and Local Governments Comply with the ADA: An Assessment of how the United States Department of Justice is Enforcing Title II, Subpart A, of the Americans with Disabilities Act : a Report of the United States Commission on Civil Rights

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DIANE Publishing, 1998 - 167 páginas
This report provides the first evaluation of the enforcement of the Americans with Disabilities Act (ADA). Focuses specifically on the efforts of the Justice Dept. (DOJ) to enforce Title II, Subtitle A, of the ADA, which prohibits discrimination based on disability by public entities such as State and local governments. It evaluates DOJs regulations and policies clarifying the language of the statute; processing of complaints of discrimination based on disability; litigation; and outreach, education, and technical assistance efforts relating to the act. Assesses DOJ's effectiveness as coordinator of the ADA enforcement efforts of 7 other Federal agencies.

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Página 2 - A physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) A record of such an impairment; or (C) Being regarded as having such an impairment.
Página 67 - Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
Página 2 - ... the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.
Página 2 - For the purposes of this section, the term "program or activity" means all of the operations of — (1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government...
Página 7 - Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice...
Página 101 - Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law...
Página 1 - ... individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society...
Página 106 - ... and (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child. (3) Child with a disability...
Página 2 - to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities...
Página 2 - Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

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