Americans with Disabilities Act / Edition 2

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Overview


In the past, disabled individuals have faced a wide variety of obstacles that prevented them from fully participating in all that American society has to offer. They have struggled with obtaining employment, and have been denied access to many services most Americans take for granted. In this publication, Margaret C. Jasper examines the Americans with Disabilities Act (ADA) and discusses the rights disabled individuals are entitled to under the statute.

This easy-to-use resource is packed with facts on areas governed by the ADA including employment, public entities and transportation, public accommodations, state and local government services and telecommunications.

Ideal for anyone interested in this area of law, this newly revised second edition includes coverage of the latest information regarding the ADA.

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Editorial Reviews

Booknews
Examines the Americans with Disabilities Act (ADA), discusses rights disabled individuals are entitled to under the Act, and gives a brief overview of legislation designed to protect the disabled in areas not covered by the ADA. Covers areas of employment, transportation, public accommodations, telecommunications, and law enforcement. An appendix provides selected provisions of the ADA, sample forms, and texts of settlement agreements. Includes a glossary. No index. Annotation c. Book News, Inc., Portland, OR (booknew.com)
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Product Details

  • ISBN-13: 9780195338973
  • Publisher: Oxford University Press, USA
  • Publication date: 2/28/2008
  • Series: Legal Almanac Series
  • Edition number: 2
  • Pages: 224
  • Product dimensions: 9.00 (w) x 6.20 (h) x 0.90 (d)

Meet the Author

MARGARET C. JASPER is an attorney engaged in the general practice of law in South Salem, New York, concentrating in the areas of personal injury and entertainment law. Ms. Jasper holds a Juris Doctor degree from Pace University School of Law, White Plains, New York, is a member of the New York and Connecticut bars, and is certified to practice before the United States District Courts for the Southern and Eastern Districts of New York, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court. Ms. Jasper has been appointed to the law guardian panel for the Family Court of the State of New York, is a member of a number of professional organizations and associations, and is a New York State licensed real estate broker operating as Jasper Real Estate, in South Salem, New York. Margaret Jasper maintains a website at http://www.JasperLawOffice.com. In 2004, Ms. Jasper successfully argued a case before the New York Court of Appeals, which gives mothers of babies who are stillborn due to medical negligence the right to bring a legal action and recover emotional distress damages. This successful appeal overturned a 26-year old New York case precedent, which previously prevented mothers of stillborn babies to sue their negligent medical providers.

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Table of Contents

Introduction xi
Chapter 1 An Overview of the Americans with Disabilities Act 1
In General 1
Disabled Persons 2
Jurisdiction 2
Federal Government 2
State and Local Governments 2
The Equal Employment Opportunity Commission 3
The Department of Justice 3
Chapter 2 Title I-Employment 5
In General 5
Disabled Persons 5
Qualified 6
Essential Functions 6
Reasonable Accommodations 6
Disclosure 8
Undue Hardship 8
Direct Threat 8
Preferential Treatment 9
Tax Credits and Deductions 9
Recordkeeping Requirement 10
Notice Requirement 10
Medical Examinations 10
Drug and Alcohol Addiction 11
Filing a Complaint under Title I of the ADA 11
The EEOC Technical Assistance Program 13
Miscellaneous Disability Programs 13
Chapter 3 Title II-Public Entities and Transportation 15
In General 15
Requirements 15
Qualified 16
Accessibility Requirements 17
New Construction and Alterations 17
Funding 18
Integrated Programs 18
Employment 19
Communications 19
Filing a Complaint under Title II of the ADA 19
Chapter 4 Title III-Public Accommodations 21
In General 21
Eligibility Standards 21
Direct Threat 21
Auxiliary Aids 21
Health Care Providers 22
Architectural Barriers 22
The Architectural Barriers Act 23
Existing Facilities 23
New Construction 23
Altered Facilities 24
Parking 24
Entrances 25
Leased Premises 26
Privately-Owned Residences 26
Building Codes 26
Tax Credits and Deductions 27
Tax Credits for Small Businesses 27
Tax Deductions 27
Service Animals 27
Filing a Complaint Under Title III of the ADA 28
In General 28
Settlement 29
Litigation 29
Preemptive Complaints 30
Chapter 5 Title Iv-Telecommunications 31
In General 31
Telecommunications Relay Services 31
Closed Captioning 31
Filing a Complaint Under Title IV of the ADA 32
Intrastate Enforcement 32
Chapter 6 Law Enforcement Under The ADA 33
Enforcing the Law 33
In General 33
Training 33
Wheelchairs and Mobility Devices 33
The Visually Impaired 34
The Hearing Impaired 34
Telecommunications Devices for the Deaf 35
Architectural Concerns 35
Modification of Police Department Practices and Procedures 36
Employment in Law Enforcement 36
In General 36
Medical Examinations - Job Applicants 36
Drug Addiction 37
Alcohol Addiction 38
Polygraph Tests 38
Background Checks 38
Medical Examinations - Current Employees 39
Telephone Emergency Services 39
In General 39
Direct Access 40
Training 40
Public Education 41
Non "911" Service Areas 41
Chapter 7 Additional Disability Legislation and Programs 43
In General 43
The Rehabilitation Act of 1973 43
The Individuals with Disabilities Education Act 44
The Civil Rights of Institutionalized Persons Act 44
The Air Carrier Access Act 45
The Fair Housing Act 45
The President's Committee on Employment of People with Disabilities 46
In General 46
Mission 46
Projects 46
The Workforce Recruitment Program 47
The Business Leadership Network 47
The Outreach to Small Business Project 47
The Cultural Diversity Initiative 47
The High School/High Tech Program 48
Promoting Entrepreneurial and Self-Employment Opportunities for People with Disabilities Project 48
Youth Leadership Forums 48
Statistical Tracking of the Employment of People with Disabilities Project 48
The Employment of People with Cognitive Disabilities Project 49
The Disabled Veterans Employment Forums 49
Perspectives on Employment of People with Disabilities in the Private Sector 49
The Job Accommodation Network 49
Appendices
Appendix 1 Selected Provisions of the Americans with Disabilities Act of 1990 53
Appendix 2 Resource Directory - ADA Information 93
Appendix 3 Directory of State Governors' Committees on Employment of the Disabled 97
Appendix 4 Employment Status of Disabled Persons Aged 21-64 (1994-1995) 105
Appendix 5 Sample Discrimination Complaint Form Under Title II of the ADA 107
Appendix 6 Text of the Settlement Agreement Between the United States of America and Walt Disney World Co. 111
Appendix 7 Text of the Settlement Agreement Between the United States of America and Budget Rent-A-Car Systems, Inc. 115
Glossary 121
Bibliography and Additional Reading 125
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