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ADA (Dept. of Justice) « ADA – Olmstead

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The Americans with Disabilities Act:
U.S. Department of Justice,
Court Cases

ADA and the U.S. Department of Justice:

  • 2010 ADA Standards for Accessible Design (U.S. Dept. of Justice)
    The Department has assembled this official online version to bring together the information in one easy-to-access location. It provides the scoping and technical requirements for new construction and alterations resulting from the adoption of revised 2010 Standards in the final rules for Title II (28 CFR part 35) and Title III (28 CFR part 36).
  • A Guide to Disability Rights Laws (U.S. Dept. of Justice – Sept. 2005)
    This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities.
    ADA: Know Your Rights – Returning Service Members with Disabilities (U.S. Dept. of Justice)
    You’ve been seriously injured while serving on active duty in the U.S. Military — perhaps you’ve lost a limb, sustained a traumatic brain injury or spinal cord injury, sustained hearing or vision loss, or are experiencing post traumatic stress disorder (PTSD) — and now you’re back in the States trying to adjust to living with your injury. This publication explains your rights under the Americans with Disabilities Act (ADA) and provides information on where to get assistance.
  • ADA & Civil Rights Update: Effective & Compliance Dates for 2010 ADA Revised Rules (U.S. Dept. of Justice)
    Revised final regulations implementing the ADA for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010. This document gives information about dates by which entities covered by the ADA are required to comply with the new or revised provisions of DOJ’s rules. 
  • Does the Department Of Justice Have Standing to Sue or Intervene to Enforce Title II of the ADA
    This blog entry explores the issue of whether the Department of Justice has standing to sue to enforce title II of the ADA either on its own behalf or in intervention. The blog entry is divided into categories: does the DOJ have standing to sue on its own behalf to enforce title II of the ADA?; if DOJ intervenes rather than sues on its own behalf, does that make a difference?; and takeaways.
  • Enforcing the ADA: A Status Report from the Dept. of Justice (April-June 2011)
    Through lawsuits and both formal and informal settlement agreements, the Department has achieved greater access for individuals with disabilities in thousands of cases. The Department may file lawsuits in Federal court to enforce the ADA and may obtain court orders including compensatory damages and back pay to remedy discrimination.
  • Frequently Asked Questions About Filing an ADA Complaint With the US Dept. of Justice (U.S. Dept. of Justice)
    How you can file a complaint and other procedural information.
  • Justice Department Releases New Document on ADA & Rights of Persons with HIV/AIDS (6/28/12)
    The U.S. Department of Justice has released a new fact sheet called Questions and Answers: The Americans with Disabilities Act and Persons with HIV/AIDS. This document explains the rights of people living with HIV/AIDS under the Americans with Disabilities Act (ADA). It also describes the ADA's requirements for state and local governments, employers, and businesses and non-profit agencies that serve the public.
  • Revised ADA Regulations Implementing Title II and Title III (Dept. of Justice)
    On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including its ADA Standards for Accessible Design. The Department has prepared fact sheets identifying the major changes in the rules. Links are provided here for Titles II and II with Appendices, Fact Sheets and Highlights.
  • Statement of the DOJ on Enforcement of the Integration Mandate of Title II of the ADA and Olmstead v. L.C. (6/22/11)
    In the years since the Supreme Court’s decision in Olmstead v. L.C., 527 U.S. 581 (1999), the goal of the integration mandate in title II of the Americans with Disabilities Act – to provide individuals with disabilities opportunities to live their lives like individuals without disabilities – has yet to be fully realized.  Some state and local governments have begun providing more integrated community alternatives to individuals in or at risk of segregation in institutions or other segregated settings.  Yet many people who could and want to live, work, and receive services in integrated settings are still waiting for the promise of Olmstead to be fulfilled.
  • Your RIght to a Qualified SIgn Language Interpreter During the Receipt of Medical Services (United States Department of Justice)

Sometimes, medical service providers fail or refuse to provide qualified sign language interpreters to their patients who are deaf ot hard of hearing and need an interpreter to communicate.  When this happen, the medical service providers illegally discriminate against these patients.  Congress sought to end this type of discrimination by passing the Americans with DIsabilities Act (ADA).  In fact, Congress specifically recongized health care as one of the critical areas in which individuals with disabilities are routinely the victims of discrimination.

Supreme Court SealCourt Cases:

  • Briefs Filed in Three States to Enforce Supreme Court's Olmstead Decision (US Dept. of Justice – 12/2/09)
    Last week proved to be a landmark for federal enforcement of the Supreme Court decision in Olmstead v. L.C., a ruling requiring States to eliminate unnecessary segregation of persons with disabilities and to move persons who can function in the community out of segregated facilities.
  • Court Strikes Down ADA Lawsuit Against University (Law Week Online – 9/11/12)
    The ADA has three main sections, but only one of them allows a disabled employee to sue an employer, a federal appeals court ruled. In its opinion, the 10th Circuit said that sometimes plaintiffs will bring employment claims under Title II because they don’t want to deal with the various procedural requirements required under Title I before filing a suit, or because they work for a government entity, which is immune from suit under Title I.  See See Elwell vs. State of Oklahoma.
  • Department of Fair Employment & Housing vs. Law School Admission Council, Inc.
    The Department of Justice Submits a Statement of Interest in support of a class of plaintiffs’ opposition to the Law School Admission Council, Inc.’s motion to dismiss their complaint alleging that their practice of flagging test scores of applicants who receive disability-related testing accommodations violates Title III of the ADA.
  • Statement of Interest of the United States of America in Support of Plaintiffs Regarding Defendants' Motion to Dismiss (Paula Lane, et al v. John Kitzhaber, in his official capacity as Governer of Oregon)
    Statement of Interest that the Civil Rights Division filed in Oregon District Court on April 20, 2012 making clear that the Department of Justice interprets the integration mandate of Title II of the ADA to apply to the unnecessary placement of people with disabilities in segregated sheltered workshops.
  • Binno vs. The American Bar Association
  • On August 30, 2011, Plaintiff Angelo Binno filed an Amended Complaint against Defendant American Bar Association ("ABA") alleging: Violation of Title III of the Americans with Disabilities Act, 28 C.F.R. 36.309 et seq. (Count I) and Violation of Title V of the Americans with Disabilities Act, 42 U.S.C. § 12203(b) (Count II).

 

For more employment related information for people with disabilities,
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