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Revision of the author's Understanding the Americans with Disabilities Act.
(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.
This book, written from the perspective of a lawyer with a disability (the author is hearing impaired), demonstrates that the Americans with Disabilities Act (ADA) is not just a law, but a way of life. It also discusses preventive lawyering with regards to the ADA. Since the first edition was published, the U.S. Supreme Court has decided over a dozen cases on the ADA and there have also been many appellate decisions as well. In this second edition, the Supreme Court decisions not included in the first edition and some of the appellate opinions that have come down since then are analyzed to provide the reader with an understanding of the workings of the ADA as it exists today.
This revised title II regulation integrates the Department of Justice's new regulatory provisions with the text of the existing title II regulation that was unchanged by the 2010 revisions. Includes a section for guidance and analysis.
In nonlegal language, explains to managers how the July 1992 Americans with Disabilities Act affects a company's approach to job application, hiring and discharging, advancement, compensation, the physical landscape of the workplace, and other aspects of personnel activity. Covers each of the five titles of the Act, and includes the complete text. Annotation copyright by Book News, Inc., Portland, OR