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(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.
Now in its 4th edition, this popular book has been fully updated to date of publication. It's a practical guide to the law of disability discrimination in the context of UK employment law. This book is for those who need to know their employment law rights and what remedies they can seek. Full of relevant case authorities, this book shows how the law is applied under both the Equality Act 2010 and the previous Disability Discrimination Act 1995. This book is for advice workers, trade unionists, employers and managers who need a quick and easy-to-read source of employment law in this area. The book is also ideal for law students who need an overview of UK employment law; and for lawyers who need to locate quickly a particular case authority and the reason for the decision.
Discrimination law is rapidly expanding and of growing importance. At present the law covers gender, race and disability discrimination, sexual orientation and age. This new edition covers all of these areas. It also contains separate chapters on the social, political and philosophical aspects for those who require a fuller understanding of the background and theoretical basis of discrimination law. In addition, the book contains a section on procedural matters. It takes account of the numerous legislative developments which have taken place since the last edition. The text has also taken account of the many new cases since 1998, which include: Pearce v Governing Body of Mayfield Secondary School (2003); Nagarajan v LRT (1999); Chief Constable of West Yorkshire v Khan (2001); R v Secretary of State for Employment exp Seymour-Smith (1999 and 2000); Harvest Town Circle Ltd v Rutherford (2001); South Ayrshire Council v Morton (2002); Lawrence and Others v Regent Office Care (2002); Re Badeck (2000); Grutter v Bollinger (2003); Goodwin v UK (2002); Mendoza v Ghaidan (2002); A and Others v Secretary of State for the Home Department (2002) and A v Chief Constable of West Yorkshire (2002). This work explains and examines in-depth every possible aspect of discrimination law. It is set out in such a way that makes it accessible to readers of all levels.
This textbook offers comprehensive coverage of the Equality Act 2010 and deals also with the equality aspects of the Human Rights Act 1998 and European Convention on Human Rights. It encourages critical analysis of equality law to equip the reader with an understanding of the enduring challenges that frame equality law and contemporary responses to those challenges. New content includes a chapter on age discrimination and analysis of the Public Sector Equality Duty. Structured so as to be accessible to the student approaching discrimination law for the first time, the book is also sufficiently detailed and analytical to appeal to the well-informed reader, and to provide those engaged in research with a solid base for further independent study. For the undergraduate student studying discrimination law as a free-standing subject or as part of a wider course, the book provides a one-stop shop. This book is also a key core text for any postgraduate discrimination law course.
In identifying a number of ‘fuzzy border’ cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of ‘pensionable age’ (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of ‘fuzzy borders’. Starting with the James case, this book investigates a number of ‘fuzzy border’ cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as ‘direct and indirect discrimination are mutually exclusive’ do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.
The book provides an understanding of why disabled students experience inequality and exclusion within higher education and identifies those areas where change is needed to secure an inclusive educational environment.
This leading textbook places medical decision-making in its legal context and provides practical guidance on the most ethically challenging cases that face the courts. It explains how the Mental Capacity Act works in practice and how the courts and lawyers wrestle with and resolve problems relating to the very essence of life: what is life? what is an acceptable quality of life? what treatment is so burdensome that it should not be attempted? These questions are posed, not in the abstract but, in real – often desperate, often urgent – situations. This is the essential guide for solicitors, barristers and judges specialising in Court of Protection work, clinical negligence, personal injury and human rights. Postgraduate medical ethics students and academics, NHS bodies and local authority professionals, health professionals and administrators in the NHS and private practice and those in Commonwealth countries with an interest in these topics will also find this book an invaluable resource. Medical Treatment: Decisions and the Law offers a readily accessible text for those dealing with the provision of medical treatment to those without capacity and related areas, providing a clear description of procedure as well as practical application of the law. Key developments for the Fourth Edition include: · The impact of the Covid-19 pandemic on decision making in the Court of Protection, particularly in relation to end of life decisions and vaccination · New chapters on two controversial issues: “the Right to Die?” and “Access to Healthcare: Choice” · Expanded chapter on Decisions for Children, covering recent high-profile cases such as Re Gard where continued provision of life sustaining treatment for babies or very young infants was at issue, and addressing the difficult issues around decision making by 16 to 17 year olds · Substantially updated chapter on Going to Court, covering how the incapacitous patient can be supported to participate in decisions about their treatment Discussion of “Escalation of Care” covering matters including NICE guidelines and care pathways and expanded coverage of issues concerning the funding of treatment. This title is included in Bloomsbury Professional's Clinical Negligence online service.
Understanding and Responding to the Experience of Disability informs readers about current understandings of disability and ways of recognizing the needs that arise from the lived experience of impairment in schools. While most schools have clear procedures in place with respect to identifying children with special educational needs, the same is not true for disability. Moreover, research suggests that many schools have restricted understanding of this distinction, often equating disability to children with SEN and children with health conditions, thereby failing to recognize the pivotal role of impact. In this insightful text, Jill Porter argues that disability needs to be understood within the setting in which it is experienced, thereby recognizing that it is not a fixed attributable label, but one that is cultural, contextual and fluid. By providing a theoretical basis for understandings of disability around notions of impairment, experience and impact, the book combines three key components: a conceptual understanding of disability – to provide a clear value driven framework for professional responses; an empirical illustration of the development of materials to support an understanding of why the process of disability data collection cannot simply be reduced to two questions on a form; embedded illustrative case study material to provide exemplars of how the materials can be contextualized and used to make adjustments to enhance the participation of all children.