reasonable accommodation of citizens’ needs and the capacity of private and public entities to respond. It is not an affirmative action law; rather, it is intended to eliminate illegal discrimination and level the playing field for disabled individuals. On September 25, 2008, the ADA Amendment Act (ADAAA) was signed into law. It became effective January 1, 2009. The ADA was amended as a result of United States Supreme Court decisions that narrowed the definition of disability in unexpected ways. While the ADA has five separate titles, Title II is the section specifically applicable to “public entities” (state and local governments) and the programs, services, and activities they deliver. The Department of Justice (DOJ), through its Civil Rights Division, is the key agency responsible for enforcing Title II and for coordinating other federal agencies’ enforcement activities under Title II. The DOJ’s Title II regulations for state and local governments are found at Title 28, Code of Federal Regulations, Part 35 (abbreviated as 28 CFR pt. 35). The ADA Standards for Accessible Design are located in Appendix A of Title 28, Code of Federal Regulations, Part 36 (abbreviated as 28 CFR pt. 36 app. A). Those regulations, the statute, and many helpful technical assistance documents can be found on the ADA website at and on the ADA technical assistance CD-ROM that is available at no cost. Call the toll-free ADA Information Line at 1-800-514-0301 (voice) and 1-800-514- 0383 (TTY) for more information. See additional court resources . 1. Fundamental Goals The cornerstone of Title II is that no qualified person with a disability may be excluded from participating in, or denied the benefits of, the programs, services, and activities provided by state and local governments because of a disability. 42
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- Winter '20
- Management, Americans with Disabilities Act of 1990