ARTICLE V. DISCRIMINATION AGAINST AN INDIVIDUAL WITH A DISABILITY
|
|
- Briana Logan
- 2 years ago
- Views:
Transcription
1 ARTICLE V. DISCRIMINATION AGAINST AN INDIVIDUAL WITH A DISABILITY Sec Policy. (a) It is the policy of the city that no individual with a disability shall, on the basis of a disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity operated or contracted for by the city, provided that such participation does not fundamentally alter the program or activity. The city will make every effort to make a reasonable accommodation to individuals with a disability, consistent with the requirements of the applicable federal and state laws, and implementing regulations, including the Americans with Disabilities Act. (b) It is the policy of the city that all persons and entities receiving financial assistance from the city comply with all applicable civil rights laws and rules, including all of the rules and regulations found in this chapter. (c) The city endorses the fundamental purpose behind the Americans with Disabilities Act, which includes the removal of physical and non-physical barriers when readily achievable, where applicable. (d) The city further endorses a public policy that businesses within the city's jurisdiction must also comply with the Americans with Disabilities Act, including the removal of physical barriers whenever removal is readily achievable. Sec Definitions. As used in this article, the following words and phrases have the following meanings: Auxiliary aid includes services or devices such as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), videotext displays, readers, texts on tape, materials in Braille, and large print materials. This list is not exclusive and functional equivalents may be substituted for any auxiliary aid. Financial assistance means the receipt, from the city, of any specific grant, loan, lease, contract (other than contracts for goods, insurance or guaranty, or services upon payment of full and fair compensation or upon obtaining a lease, license, or use privilege agreement upon payment of fair market value or the payment of fees required by city ordinance), or the use of city personnel or property without the payment of fair market value or full and fair compensation. Qualified person with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. Determining if barrier removal is readily achievable is, by necessity, a case-by-case judgment. Factors to consider include: a. The nature and cost of the action. b. The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of the action on the operation of the site. c. The geographic separateness and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity. d. If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities. e. If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity. Reasonable accommodation means any change or adjustment to the service, activity or program for the known physical or cognitive limitations of an otherwise qualified person with a disability unless it can be demonstrated that the accommodation would impose an undue hardship on the operation of the program. Any particular change or adjustment would not be required if, under circumstances involved, it would result in an undue hardship.
2 Sec Effect on other governmental entities. Nothing in this article is intended to apply to any facility or program owned or operated by the federal or state governments or political subdivision of the state. Sec General prohibitions against discrimination. The department of justice's "General prohibitions against discrimination," 28 CFR , are adopted by the city and read as follows: "(a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. (b)(1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability-- (i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entities program; (vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. (2) A public entity may not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. (3) A public entity may not, directly or through contractual or other arrangements, utilize criteria or methods of administration: (i) That have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability; (ii) That have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the public entities program with respect to individuals with disabilities; or (iii) That perpetuate the discrimination of another public entity if both public entities are subject to common administrative control or are agencies of the same state. (4) A public entity may not, in determining the site or location of a facility, make selections-- (i) That have the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination; or (ii) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the service, program, or activity with respect to individuals with disabilities. (5) A public entity, in the selection of procurement contractors, may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability. (6) A public entity may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may a public entity establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. The programs or activities of entities that are licensed or certified by a public entity are not, themselves, covered by this part. (7) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public
3 entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. (8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered. (c) Nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities, or to a particular class of individuals with disabilities beyond those required by this part. (d) A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. (e)(1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under the ADA or this part which such individual chooses not to accept. (2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual. (f) A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part. (g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association." Sec Requirements to ensure city facilities, programs, and services are accessible to qualified persons with disabilities. (a) No qualified individual with a disability will, because of inaccessibility to or unusability of the city facilities, be denied the benefits of, be denied participation in, or otherwise be subjected to discrimination under any program or service. (b) The city will operate its programs and services so that the programs and services, when viewed in their entirety, are readily accessible to qualified individuals with disabilities. (c) Each facility or part of a facility designed and constructed by or for the use of the city or persons and entities receiving financial assistance must be designed and constructed in a manner that the facility or part of the facility is readily accessible to and usable by persons with disabilities in compliance with ADA and regulatory standards, including Texas Accessibility Standards of the Architectural Barriers Act. (d) Each facility or part of a facility that is altered by, on behalf of, or for the use of the city or persons and entities receiving financial assistance must be altered in a manner that ensures that the facility or part of the facility is readily accessible to and usable by persons with disabilities. (e) The city will not provide financial assistance to any entity or program that does not comply with this chapter. (f) This subsection does not require that every existing facility or every part of a facility be made accessible to and usable by persons with disabilities. Sec Personal devices and services. (a) Nothing required in this article includes, or may be construed to include, a requirement that the city provide to individuals with disabilities personal devices, such as wheelchairs, individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use of study; or services of a personal nature including assistance in eating toileting or dressing. (b) Nothing in this article requires the city to fundamentally alter its programs or services. Sec Communications. (a) The city shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. (1) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the city.
4 (2) In determining what type of auxiliary aid and service is necessary the city shall give primary consideration to the requests of the individuals with disabilities. (b) The city, and those receiving financial assistance from the city, must provide auxiliary aids and services as reasonable accommodations when they are necessary to ensure effective communication with individuals with hearing, vision, or speech impairments. Sec Certificate of compliance for applicants for financial assistance. All applications for financial assistance from the city must certify on a form provided by the director that the applicant will operate its programs and services in compliance with this article. Sec Annual evaluation by city. (a) The city will annually: (1) Evaluate, with the assistance of interested persons, including people with disabilities or organizations representing persons with disabilities, the city's current policies and practices. (2) Modify, after consultation with interested persons, including persons with disabilities or organizations representing persons with disabilities, any policies that do not meet the requirements of this article. (3) Take, after consultation with interested persons, including persons with disabilities or organizations representing persons with disabilities, appropriate steps to eliminate the effects of any discrimination that results from the failure to adhere to this article. (b) The city will maintain on file and make available for public inspection: (1) A list of the interested persons consulted. (2) A description of areas examined and any problems identified. (3) A description of any modifications made and of any remedial actions taken. Sec Adoption by the city of designated coordinator and grievance procedure. (a) The city will designate at least one (1) person to coordinate its efforts to comply with this article. (b) The city will adopt grievance procedures that incorporates appropriate due process standards and provides for the prompt and equitable resolution of complaints alleging any action prohibited by this article. Sec Nondiscrimination notice regarding individuals with disabilities. (a) The city will take appropriate and continuing steps to notify participants, beneficiaries, employees, or applicants, including those with impaired vision or hearing, and unions or professional organizations officially recognized by the city that the city does not discriminate on the basis of disability. (b) The notification will include the identification of the individual and department responsible for investigating complaints of discrimination. Sec Administration. (a) The director will serve as the city's focal point for coordinating the implementation of this article. (b) The director will coordinate the implementation of any relevant new and existing laws and ordinances relating to the discrimination against persons with disabilities. (c) The director is responsible for: (1) Coordinating the investigation and/or conciliation procedure outlined in section , and assisting in resolving grievances to assure prompt solutions. (2) Preparing and disseminating information regarding disability rights to the public, city departments, and community agencies. (3) Researching administrative policies and procedures to identify for city management modifications required for accessibility to individuals with disabilities. (4) Monitoring city activities related to individuals with disabilities and conducting periodic compliance reviews to assure that all city departments are providing services that are accessible to individuals with disabilities. (5) Recommending training programs to city departments to assure that city services are available to the disability community. (6) Providing technical assistance and consultation to city departments in areas related to accessibility as defined by law.
5 (7) Assisting in the development of long-range planning activities to accomplish compliance with applicable laws and regulations. Sec General enforcement guidelines. (a) Any individual who has been discriminated against because of disability may file with the director a request to have the director investigate the complaint of discrimination. (b) If the director receives a complaint against an agency of the federal or state governments, or a political subdivision of the state, the director will refer the complainant to the appropriate authority. (c) Nothing in this article creates a civil cause of action for damages against the city or precludes any aggrieved person from seeking any other remedy provided by law. Nothing in this article authorizes criminal enforcement of this article against the city, its officers, employees, or agents. (d) Filing a complaint with the director is not a prerequisite and does not bar the filing of some other legal complaint or the pursuit of any other remedy provided by law. (e) The pendency of a complaint before the director does not bar any aggrieved party from seeking civil action, but a final judgment in any civil action bars any further investigation of a pending complaint on the same alleged act of discrimination. (f) In connection with any investigation of a charge filed under this article, the director, or an investigator designated by the director, shall have access to, for the purposes of examination, and the right to copy relevant evidence from any person or entity being investigated. This access to evidence is to be limited by applicable laws governing the investigation of civil rights claims. (g) No person may knowingly, intentionally, or recklessly obstruct, or prevent compliance with this article or hinder or interfere with the performance of the proper exercise of a duty, obligation, right, or power of the director, the director's representatives, or other officials with duties, obligations, rights, and powers established by this article. (h) Where appropriate, and when not in violation of conflicts of interest or other ethical rules of the State Bar of Texas, the city attorney may assign counsel to assist the director. (i) The city manager may make administrative arrangements as are normal and necessary for the functioning of the human relations department. Sec Filing and investigating complaints of discrimination against the city. (a) Any individual with a complaint that the city has violated this article may file a complaint with the director. The complaint must be filed on a form provided by the director, and must identify the entity or person(s) alleged to have committed the discriminatory practice. In situations where the complainants disability requires assistance to submit a complaint, the director will make reasonable effort to assist the person in filing a complaint. The director must provide complaint forms and furnish them without charge to any person, upon request. (b) All complaints must be filed within one hundred eighty (180) days following the occurrence of an alleged discriminatory practice. (c) As soon as practicable, but in no more than fifteen (15) calendar days, the director must meet with the complainant to discuss the complaint and possible resolutions. After investigation and within fifteen (15) calendar days after meeting with the complainant, the director must respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audiotape. The response must explain the position of the city and offer options for substantive resolution of the complaint, if appropriate. (d) If the response by the director does not satisfactorily resolve the issue, the complainant may appeal the director's decision to the city manager. The appeal must be filed within fifteen (15) calendar days after receipt of the director's response. (e) Within fifteen (15) calendar days of the appeal, the city manager or the city manager's designee must meet with the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting, the city manager or city manager's designee must respond in writing, and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. (f) All formal complaints received by the director, the responses to the complaints and the record of appeals to the city manager must be retained by the director for at least three (3) years. Sec Retaliation and coercion. (a) The city and any person or entity receiving financial assistance from the city may not discriminate against any individual because that individual has opposed any act or practice prohibited by this article, or
6 because that individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this article or any applicable law, including the Americans with Disabilities Act of (b) The city and any person or entity receiving financial assistance from the city may not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of the individual having exercised or enjoyed, or on account of the individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this article or the Americans with Disabilities Act of Sec Remedial or voluntary action. (a) If the outcome of an investigation finds that the city has violated this article by discriminating against a qualified person with a disability, the city manager, or designee, will take any remedial or voluntary actions appropriate and necessary to rectify the problem. (b) All appeals of a grievance must follow the city's established grievance appeal procedures. (c) If the outcome of an investigation finds that a person or entity hired by the city to operate a city program or a person or entity receiving financial assistance from the city has participated in the discrimination, the city manager, or designee, may require the person or entity receiving financial assistance from the city to take appropriate action to rectify the problem. Sec City council status reports. The director shall submit an annual status report to the city council that apprises the council on the implementation of this article.
DEPARTMENT OF HUMAN SERVICES CHAPTER 407 DIVISION 005 PROHIBITING DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES
DEPARTMENT OF HUMAN SERVICES CHAPTER 407 DIVISION 005 PROHIBITING DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES 407-005-0000 Purpose These rules (407-005-0000 through 407-005-0030) establish a Department
City of Wenatchee Policy for Compliance Regarding. Americans with Disabilities Act of 1990 and. Section 504 of the Rehabilitation Act of 1973
City of Wenatchee 129 South Chelan P.O. Box 519 Wenatchee, WA 98807-0519 (509) 888-6200 Website: WenatcheeWA.Gov 1.0 SUBJECT TITLE 1 2.0 PURPOSE 1 3.0 ORGANIZATIONS AFFECTED 1 4.0 REFERENCES 1 5.0 DEFINITIONS
IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons
IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons IC 22-9-5-1 "Auxiliary aids and services" defined Sec. 1. As used in this chapter, "auxiliary aids and services" includes the following:
ADA Title II Plan Lackawanna County Courts
ADA Title II Plan Lackawanna County Courts The Americans with Disabilities Act (ADA) is a comprehensive Federal civil rights statute enacted in1990. Comprised of five major parts, or titles, the ADA s
The ADA: Your Reponsibilities as an Employer
The U.S. Equal Employment Opportunity Commission The ADA: Your Reponsibilities as an Employer ADDENDUM Since The Americans with Disabilities Act: Your Responsibilities as an Employer was published, the
PROCEDURES FOR AMERICANS WITH DISABILITIES ACT. In compliance with the Americans with Disabilities Act, the following procedures will be followed:
PROCEDURES FOR AMERICANS WITH DISABILITIES ACT Procedure #6105 In compliance with the Americans with Disabilities Act, the following procedures will be followed: Compliance Officer The superintendent or
SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY
COUNTY SCHOOLS 2260.01/page 1 of 9 REVISED POLICY - VOL. 8, NO. 1 SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY Pursuant to Section 504 of the Rehabilitation Act of 1973 ( Section
SETTLEMENT AGREEMENT BETWEEN THE
SETTLEMENT AGREEMENT BETWEEN THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE FOR CIVIL RIGHTS AND THE STATE OF GEORGIA DEPARTMENT OF HUMAN SERVICES OCR TRANSACTION NUMBER: 09-102792 Table of Contents
NONDISCRIMINATION POLICY
NONDISCRIMINATION POLICY POLICY As a recipient of Federal financial assistance, Franciscan Health System (FHS) does not exclude, deny benefits to, or otherwise discriminate against any person on the basis
AMERICANS WITH DISABILITIES ACT OF 1990 * * * DESIGNATION OF RESPONSIBLE PERSON AND INTERNAL GRIEVANCE PROCEDURE FOR THE FIRST JUDICIAL CIRCUIT
GRIEVANCE PROCEDURE: AMERICANS WITH DISABILITIES ACT OF 1990 * * * DESIGNATION OF RESPONSIBLE PERSON AND INTERNAL GRIEVANCE PROCEDURE FOR THE FIRST JUDICIAL CIRCUIT I. AUTHORITY Federal regulations implementing
Resolution Agreement Cincinnati State Technical and Community College OCR Docket No. 15-13-2209
Resolution Agreement Cincinnati State Technical and Community College OCR Docket No. 15-13-2209 Cincinnati State Technical and Community College (the College) submits the following agreement to the U.S.
CITY OF EL PASO DE ROBLES The Pass of the Oaks
GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT PURPOSE The City of Paso Robles is committed to ensuring that people with disabilities are able to take part in, and benefit from, the whole
Cochise College Administrative Policy
Cochise College Administrative Policy Category: Students Policy Number: 4005 Title: Americans With Disabilities Act Cochise College fully recognizes all provisions of the Americans with Disabilities Act
WHEREAS, Title II of the ADA ( Title II ) requires that a grievance procedure be implemented for each public entity with 50 or more employees; and
THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CASE NO. 10-1 (Court Administration) ADMINISTRATIVE ORDER NO. 10-01 (Rescinding Administrative Order No. 98-19) IN RE: AMERICANS WITH DISABILITIES
Modifications to Programs, Policies, and Procedures: Benton PUD makes reasonable modifications of programs, policies, and procedures to
A POLICY OF BENTON PUD PROHIBITING DISCRIMINATION ON THE BASIS OF DISABILITY AND ACCOMMODATION REqUEST/GRIEVANCE PROCEDURES POLICY ln accordance with the requirements of the Americans with Disabil t es
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND GWINNETT COLLEGE UNDER THE AMERICANS WITH DISABILITIES ACT
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND GWINNETT COLLEGE UNDER THE AMERICANS WITH DISABILITIES ACT BACKGROUND 1. The parties to this Settlement Agreement are the United States of
The ADA: Your Employment Rights as an Individual With a Disability
The U.S. Equal Employment Opportunity Commission The ADA: Your Employment Rights as an Individual With a Disability The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in
Office of Personnel Management. Policy Policy Number: Definitions. Communicate: To give a verbal or written report to an appropriate authority.
Citation: Arkansas Code Annotated 21-1-601 through 608, 21-1-610; 21-1-123 and 124 Office of Personnel Management Policy 1 Forms: Fraud Reporting Complaint Form Definitions Adverse action: To discharge,
Administrative Bulletin
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE DATE: 1/27/2015 NO. 15-03 EXPIRES: Indefinite DISTRIBUTION: A - MANAGEMENT Administrative Bulletin x B - MGMT& SUPERVISORY C - ALL EMPLOYEES SUBJECT Equal Employment
CITY OF BUFFALO GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT
CITY OF BUFFALO GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT I. AUTHORITY This Grievance Procedure complies with the Americans with Disabilities Act of 1990 ( ADA ) and has been adopted
VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE FOR CIVIL RIGHTS AND THE
VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE FOR CIVIL RIGHTS AND THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF SOCIAL
OUTREACH AND COMPLIANCE COORDINATION PROGRAM
OUTREACH AND COMPLIANCE COORDINATION PROGRAM Administered by The Office of Small Business and Civil Rights Corenthis B. Kelley Director OUTREACH AND COMPLIANCE COORDINATION PROGRAM TABLE OF CONTENTS I.
PART 32 NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES RE- CEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE
Office of the Secretary of Labor Pt. 32 31.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. [29 FR 16284, Dec. 4,
Office of Health Care Ombudsman, statutory duties
Office of Health Care Ombudsman, statutory duties Enabling statute, 8 V.S.A. 4089w (a) The department shall establish the office of the health care ombudsman by contract with any nonprofit organization.
Part 700 Tribal Occupational Safety and Health Administration (TOSHA)
Part 700 Tribal Occupational Safety and Health Administration (TOSHA) Section 701 Purpose and Definitions. (a) The purpose of Chapter 7 is to assure as far as possible safe and healthful working conditions
Americans with Disabilities Act: Title III - Public Accommodations
Americans with Disabilities Act: Title III - Public Accommodations Monica Murphy, Attorney Wisconsin Coalition for Advocacy 42 USC 12181 In 1990 Congress passed the Americans with Disabilities Act (ADA).
Procedures for Requesting Academic and Testing Accommodations
Procedures for Requesting Academic and Testing Accommodations I. Office of Special Services Responsibilities Macomb Community College is committed to the principle of equal opportunity for students with
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND PEROUTKA AND PEROUTKA, P.A.
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND AND PEROUTKA AND PEROUTKA, P.A. UNDER THE AMERICANS WITH DISABILITIES ACT DJ # 202-35-207 and DJ # 202-35-236 BACKGROUND 1. This Settlement
Complaint Policy and Procedure
Complaint Policy and Procedure Policy Statement This policy is intended to provide fair and prompt consideration to all staff complaints. The University encourages all staff to use the complaint procedure
UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE DIRECTIVE 4300.5 4/6/04 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE DIRECTIVE 4300.5 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM I. PURPOSE This Directive establishes policy, procedures and responsibilities
South Coast Education Service District
South Coast Education Service District Code: ACA-AR(1) Adopted: 6/11/96 Orig. Code(s): ACA-AR Americans with Disabilities Act In compliance with the Americans with Disabilities Act, the following procedures
CHAPTER 14-02.4 HUMAN RIGHTS
CHAPTER 14-02.4 HUMAN RIGHTS 14-02.4-01. State policy against discrimination. It is the policy of this state to prohibit discrimination on the basis of race, color, religion, sex, national origin, age,
STATE OF MARYLAND JUDICIARY Policy on Equal Employment Opportunity and Harassment
Effective date of issue: September 2011 Page 1 of 10 STATE OF MARYLAND JUDICIARY I. PURPOSE The purpose of this policy is to ensure compliance with all applicable federal, state, and local laws and regulations
RUTGERS POLICY. Policy Name: Standards for Privacy of Individually Identifiable Health Information
RUTGERS POLICY Section: 100.1.9 Section Title: HIPAA Policies Policy Name: Standards for Privacy of Individually Identifiable Health Information Formerly Book: 00-01-15-05:00 Approval Authority: RBHS Chancellor
504/ADA SELF-EVALUATION AND ASSURANCE OF COMPLIANCE. 504/ADA General Information. Instructions
504/ADA SELF-EVALUATION AND ASSURANCE OF COMPLIANCE 504/ADA General Information Federal and State laws prohibit discrimination based on disability. Section 504 of the Rehabilitation Act of 1973, as amended
SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS
SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS I. PROTECTED CATEGORIES Protected Classes 42 USC 2000e-2(a)-(c) Prohibits discrimination based on race, color, religion, sex or national
Resolution Agreement. Montana School for the Deaf and Blind OCR Reference No. 10161160
Resolution Agreement Montana School for the Deaf and Blind OCR Reference No. 10161160 The Office for Civil Rights (OCR) of the U.S. Department of Education initiated an investigation into an allegation
Roane State Community College. Affirmative Action Plan For Protected Veterans
Roane State Community College Affirmative Action Plan For Protected Veterans 2015 1 TABLE OF CONTENTS SECTION PAGE Definitions 3 A. Policy Statement 4 B. Review of Personnel Processes 6 C. Review of Physical
University of Cincinnati Resolution Agreement OCR Compliance Review #15-13-6001
University of Cincinnati Resolution Agreement OCR Compliance Review #15-13-6001 In order to resolve Case Number 15-13-6001, the University of Cincinnati (the University) assures the U.S. Department of
Evergreen Solar, Inc. Code of Business Conduct and Ethics
Evergreen Solar, Inc. Code of Business Conduct and Ethics A MESSAGE FROM THE BOARD At Evergreen Solar, Inc. (the Company or Evergreen Solar ), we believe that conducting business ethically is critical
AFFIRMATIVE ACTION PLAN
AFFIRMATIVE ACTION PLAN FOR VETERANS AND INDIVIDUALS WITH DISABILITIES University of Virginia College at Wise January 1, 2014 through December 31, 2014 Darlene Scott Scurry Director, Office of Equal Opportunity
Resolution Agreement Southern Virginia University Case Nos. 11-14-2288 and 11-14-2290
Resolution Agreement Southern Virginia University Case Nos. 11-14-2288 and 11-14-2290 Southern Virginia University (the University) agrees to fully implement this resolution agreement (the Agreement) to
Massachusetts Commission for the Deaf and Hard of Hearing 600 Washington Street Boston, MA 02111
INFORMATION SERIES Massachusetts Commission for the Deaf and Hard of Hearing 600 Washington Street Boston, MA 02111 617 740-1600 Voice / 617 326-7546 Video Phone www.mass.gov/mcdhh Obligation of Medical
NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 *
NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * 7-801. Short title. This chapter shall be known as the "New York city false claims act." 7-802. Definitions. For purposes of this
1. Recipients meet their obligation not to discriminate on the basis of disability.
Element 5 Compliance With 504 Disability Requirements (WIA Section 188; Section 504 of the Rehabilitation Act of 1973, as amended; and their implementing regulations, including but not limited to 29 CFR
Special Accommodations and Services for Students with Special Needs Section 504
Policy 607 Education Programs Special Accommodations and Services for Students with Special Needs Section 504 I. Purpose The purpose of this policy is to ensure that the school district provides a full
WORKFORCE INVESTMENT ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES
TITLE 11 CHAPTER 2 PART 21 LABOR AND WORKERS COMPENSATION JOB TRAINING WORKFORCE INVESTMENT ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES 11.2.21.1 ISSUING AGENCY: New Mexico Department of Workforce
THE CALIFORNIA STATE UNIVERSITY. Policy for the Provision of Accommodations and Support Services to Students with Disabilities
THE CALIFORNIA STATE UNIVERSITY Policy for the Provision of Accommodations and Support Services to Students with Disabilities Introduction The California State University (CSU) Policy for Provision of
LEGAL RIGHTS OF STUDENTS WITH DISABILITIES UNDER FEDERAL LAW A GUIDE FOR COLLEGE AND UNIVERSITY STUDENTS
LEGAL RIGHTS OF STUDENTS WITH DISABILITIES UNDER FEDERAL LAW A GUIDE FOR COLLEGE AND UNIVERSITY STUDENTS Protection & Advocacy, Inc. 1-800-776-5746 www.pai-ca.org Publication #5309.01 October 2002 Table
TITLE 34. LABOR AND WORKERS' COMPENSATION CHAPTER 19. CONSCIENTIOUS EMPLOYEE PROTECTION ACT. N.J. Stat. 34:19-1 (2007)
TITLE 34. LABOR AND WORKERS' COMPENSATION CHAPTER 19. CONSCIENTIOUS EMPLOYEE PROTECTION ACT N.J. Stat. 34:19-1 (2007) 34:19-1. Short title This act shall be known and may [be] cited as the "Conscientious
Effective Date: November 14, 2003 Page 1 of 1
1086.0.0 DHS MEDIATION/GRIEVANCE POLICY (Gov s Proclamations EO 86-1, 7-16-85 & EO93-01, 7-1-93) 1086.0.1 This policy establishes procedures for resolving workplace disputes and disciplinary issues. 1086.0.2
HOUSTON LAWYER REFERRAL SERVICE, INC. RULES OF MEMBERSHIP
HOUSTON LAWYER REFERRAL SERVICE, INC. RULES OF MEMBERSHIP The Houston Lawyer Referral Service, Inc. (HLRS) is a non-profit corporation sponsored by the Houston Bar Association, Houston Young Lawyers Association,
Oakland International Airport. Grievance Procedure Under The Americans with Disabilities Act
PANTONE 1795 U Oakland International Airport Grievance Procedure Under The Americans with Disabilities Act JOHN de BOER 550 ADELINE STREET OAKLAND, CA 94607 P: 510.251.8500 F: 510.251.8501 oakland_airport_extended_horizontal_logo.ai
Accountability Report Card Summary 2013 Massachusetts
Accountability Report Card Summary 2013 Massachusetts Massachusetts has a relatively good state whistleblower law: Scoring 64 out of a possible 100 points; and Ranking 11 th out of 51 (50 states and the
ANN ARBOR PUBLIC SCHOOLS TITLE IX GRIEVANCE PROCEDURES
ANN ARBOR PUBLIC SCHOOLS TITLE IX GRIEVANCE PROCEDURES PURPOSE: The purpose of these procedures is to secure, at the lowest possible level, prompt and equitable resolutions of complaints based on sex discrimination,
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 741. Short Title: Shift Workers' Bill of Rights. (Public)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 01 H 1 HOUSE BILL 1 Short Title: Shift Workers' Bill of Rights. (Public) Sponsors: Referred to: Representatives Brockman, Baskerville, Harrison, and Fisher (Primary
2. SUPPORT SERVICES, ACADEMIC ACCOMMODATIONS, AND SPECIAL CLASS INSTRUCTION
LOS ANGELES COMMUNITY COLLEGES OFFICE OF THE CHANCELLOR ADMINISTRATIVE REGULATIONS REFERENCE: Title 5, Sections 56000, 56002, 56004, 56005, 56006, 56010, 56026, 56027, 56028, 56029 ISSUE DATE: October
or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the
CITE 42 USC Sec. 2000d 01/06/97 TEXT Sec. 2000d. Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color,
Accountability Report Card Summary 2013 West Virginia. West Virginia has a relatively balanced state whistleblower law:
Accountability Report Card Summary 2013 West Virginia West Virginia has a relatively balanced state whistleblower law: Scoring 57 out of a possible 100; Ranking 27 th out of 51 (50 states and the District
UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS THE WANAMAKER BUILDING, SUITE 515 100 PENN SQUARE EAST PHILADELPHIA, PA 19107-3323
UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS THE WANAMAKER BUILDING, SUITE 515 100 PENN SQUARE EAST PHILADELPHIA, PA 19107-3323 REGION III DELAWARE KENTUCKY MARYLAND PENNSYLVANIA WEST
Accountability Report Card Summary 2013 New Mexico
Accountability Report Card Summary 2013 New Mexico New Mexico has a pretty strong state whistleblower law: Scoring 72 out of a possible 100 points; Ranking 4 th out of 51 (50 states and the District of
Notification and Federal Employee Antidiscrimination and Retaliation Act Report. Fiscal Years 2004-2006. United States Nuclear Regulatory Commission
Notification and Federal Employee Antidiscrimination and Retaliation Act Report Fiscal Years 2004-2006 United States Nuclear Regulatory Commission March 2007 -2- TABLE OF CONTENTS I. Executive Summary...
This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal
This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal advice for any particular case involving or potentially involving
TABLE OF CONTENTS. This act shall be known and may be cited as the Appraisal Management Company Registration Act.
Appraisal Management Company Registration Act 63 P.S. 457.21 457.31 (Current through 02/02/2012) (When referring to section numbers, use a truncated version of the number after the decimal point. For example,
THE LAW. Equal Employment Opportunity is
Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private
Senate Bill No. 1665 CHAPTER 864
Senate Bill No. 1665 CHAPTER 864 An act to amend Section 2060 of, and to add Section 2290.5 to, the Business and Professions Code, to amend Sections 1367 and 1375.1 of, and to add Sections 1374.13 and
California Mutual Insurance Company Code of Business Conduct and Ethics
California Mutual Insurance Company Code of Business Conduct and Ethics This Code of Business Conduct and Ethics (the Code ) applies to all officers, employees, and directors of California Mutual Insurance
Voluntary Resolution Agreement Notre Dame College OCR Docket Number
Voluntary Resolution Agreement Notre Dame College OCR Docket Number 15-09- The U.S. Department of Education, Office for Civil Rights (OCR), initiated the above-referenced compliance review of Notre Dame
HOUSTON LAWYER REFERRAL SERVICE, INC. APPLICATION FOR MEMBERSHIP
HOUSTON LAWYER REFERRAL SERVICE, INC. APPLICATION FOR MEMBERSHIP The Houston Lawyer Referral Service, Inc. (HLRS) is a non-profit corporation sponsored by the Houston Bar Association, Houston Young Lawyers
Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov
THE INSURANCE CODE OF 1956 (EXCERPT) Act 218 of 1956 CHAPTER 33 AUTOMOBILE INSURANCE PLACEMENT FACILITY 500.3301 Michigan automobile insurance placement facility; purpose; participation. Sec. 3301. (1)
Accommodation and Compliance Series
Accommodation and Compliance Series Employees Practical Guide to Requesting and Negotiating Reasonable Accommodations Under the Americans with Disabilities Act Preface The Job Accommodation Network (JAN)
42 U.S.C. 12131 12134; 28 C.F.R. pt. 35. For general information about the ADA, please see www.ada.gov. 3
U.S. Department of Justice Civil Rights Division U.S. Department of Education Office for Civil Rights Office of Special Education and Rehabilitative Services Introduction Frequently Asked Questions on
EXECUTIVE ORDER (Language Services in the Courts)
SUPREME COURT No. 2012-05 EXECUTIVE ORDER (Language Services in the Courts) Pursuant to the authority granted to the Chief Justice of the Rhode Island Supreme Court by 8-15-2 of the Rhode Island General
REASONABLE ACCOMMODATIONS PROGRAM
United States Department of Agriculture Marketing and Regulatory Programs Agricultural Marketing Service Animal and Plant Health Inspection Service Grain Inspection, Packers and Stockyards Administration
EXHIBIT 13. PURPOSE To transmit Technical Assistance Guidance covering Complaint and Grievance Procedures.
EXHIBIT 13 WORKFORCE INVESTMENT NOTICE: 02-11 SUBJECT: Technical Assistance Guidance on Complaint and Grievance Procedures DATE: June 30, 2003 PURPOSE To transmit Technical Assistance Guidance covering
Obligations of Hospitals and Nursing Homes to Provide Interpreters and Auxiliary Aids for Deaf and Hard of Hearing Patients
Obligations of Hospitals and Nursing Homes to Provide Interpreters and Auxiliary Aids for Deaf and Hard of Hearing Patients Reprinted with permission from the National Association of the Deaf Law and Advocacy
ADA Questions and Answers for Health Care Providers
ADA Questions and Answers for Health Care Providers Reprinted with permission from the National Association of the Deaf Law and Advocacy Center Title III of the Americans with Disabilities Act prohibits
UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION I
UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION I 5 POST OFFICE SQUARE, 8 th FLOOR BOSTON, MASSACHUSETTS 02109-3921 December 30, 2014 Martha C. Minow, Dean Harvard Law School Griswold
SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED SELF EVALUATION
GENERAL REQUIREMENTS SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED SELF EVALUATION The Project Owner s self-evaluation must be submitted prior to the Agency s Commitment of Funds. In preparation
Annual Public Notice of Special Education & Early Intervention Services and Programs
Annual Public Notice of Special Education & Early Intervention Services and Programs It is the responsibility of the Pennsylvania Department of Education to ensure that all children with disabilities residing
SECURING APPROVAL FOR SPONSORSHIP OF CONFERENCES
CATEGORY: General Administration CDC-GA-1997-02 (Formerly CDC-01) DATE OF ISSUE: 2/21/97 REVISED: 9/22/2008 1 PROPONENT: Deputy Chief Operating Officer, CDC MATERIAL SUPERSEDED: Manual Guide--General Administration,
SAN FRANCISCO ADMINISTRATIVE CODE CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE OFFICE OF CITIZEN COMPLAINTS
SAN FRANCISCO ADMINISTRATIVE CODE CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE OFFICE OF CITIZEN COMPLAINTS SEC. 96.1. DEFINITIONS. (a) "Chief of Police" shall mean the Chief of the Police
The ADA and Competitive Integrated Employment
The ADA and Competitive Integrated Employment Presentation by EEOC Commissioner Chai R. Feldblum to the Advisory Committee on Increasing Competitive Integrated Employment of Individuals with Disabilities
INSTITUTIONAL COMPLIANCE PLAN
INSTITUTIONAL COMPLIANCE PLAN Responsible Party: Board of Trustees Contact: Institutional Compliance Office Original Effective Date: 02/16/2012 Last Revised Date: 10/13/2014 Contents I. SCOPE OF THE PLAN...
EXHIBIT C BUSINESS ASSOCIATE AGREEMENT
EXHIBIT C BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is made and entered into by and between ( Covered Entity ) and KHIN ( Business Associate ). This Agreement is effective as of, 20 ( Effective Date
HANDLING ACCOMMODATIONS FOR PERSONS WITH DISABILITIES FOR NON CLASSROOM-RELATED ACTIVITIES
Riverside Community College District Administrative Procedure No. 3445 General Institution AP 3445 HANDLING ACCOMMODATIONS FOR PERSONS WITH DISABILITIES FOR NON CLASSROOM-RELATED ACTIVITIES References
THE EMPLOYMENT RIGHTS OF PEOPLE WHO ARE DEAF, HARD-OF-HEARING OR DEAF-BLIND. A GUIDE FOR SELF-ADVOCACY For Job Applicants or Employees
THE EMPLOYMENT RIGHTS OF PEOPLE WHO ARE DEAF, HARD-OF-HEARING OR DEAF-BLIND A GUIDE FOR SELF-ADVOCACY For Job Applicants or Employees Department of Human Services Colorado Commission for the Deaf and Hard
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CONSENT DECREE. Introduction
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, et al, ) ) Plaintiff, ) ) Case No. 04-4126 ) THE VANGUARD GROUP, INC. ) ) Defendant.
EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT
EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees
18A.095 Rights of executive branch employees. (1) A classified employee with status shall not be dismissed, demoted, suspended, or otherwise
18A.095 Rights of executive branch employees. (1) A classified employee with status shall not be dismissed, demoted, suspended, or otherwise penalized except for cause. (2) Prior to dismissal, a classified
HB 2845. Introduced by Representative Patterson AN ACT
REFERENCE TITLE: state false claims actions State of Arizona House of Representatives Fiftieth Legislature Second Regular Session HB Introduced by Representative Patterson AN ACT AMENDING TITLE, ARIZONA
COUNTY OF ORANGE DEPARTMENT OF HEALTH. Corporate Compliance Plan
COUNTY OF ORANGE DEPARTMENT OF HEALTH Corporate Compliance Plan COUNTY OF ORANGE DEPARTMENT OF HEALTH CORPORATE COMPLIANCE PLAN I. Corporate Compliance Plan It is the policy of the Orange County Department
Americans with Disabilities Act and Employment
8 Americans with Disabilities Act and Employment Section Purpose Provide information on the aspects of the Americans with Disabilities Act (ADA) which apply to employment, so that One-Stop staff can assist
September 19, 2014. Anthony R. Foxx Secretary of Transportation
September 19, 2014 I am pleased to announce the U.S. Department of Transportation s (DOT) recently revised and updated Procedures for Processing Reasonable Accommodation Requests from DOT Job Applicants
Securities Whistleblower Incentives and Protection
Securities Whistleblower Incentives and Protection 15 USC 78u-6 (As added by P.L. 111-203.) 15 USC 78u-6 78u-6. Securities whistleblower incentives and protection (a) Definitions. In this section the following
admission or access to, or treatment or employment in, its programs or activities.
Name of Policy: Nondiscrimination on the basis of disability-americans with Disabilities Act compliance Policy Number: 3364-50-03 Approving Officer: President Responsible Agent: Senior Director, Office
CITY OF LOS ANGELES SEXUAL ORIENTATION, GENDER IDENTITY, AND GENDER EXPRESSION DISCRIMINATION COMPLAINT PROCEDURE
CITY OF LOS ANGELES SEXUAL ORIENTATION, GENDER IDENTITY, AND GENDER EXPRESSION DISCRIMINATION COMPLAINT PROCEDURE The policy of the City of Los Angeles has been, and will continue to be, to promote and
Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law)
Aida S. Montano Bill Analysis Legislative Service Commission Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law) Reps. Oelslager, Flowers, Buehrer, White, Trakas BILL SUMMARY
Annual Public Notice of Special Education Services and Programs
Annual Public Notice of Special Education Services and Programs It is the responsibility of the Pennsylvania Department of Education to ensure that all children with disabilities residing in the Commonwealth,
MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES BULLETIN
MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES BULLETIN COMMONWEALTH OF PENNSYLVANIA * DEPARTMENT OF PUBLIC WELFARE NUMBER: ISSUE DATE: EFFECTIVE DATE: SUBJECT: SMH-01-01 06/18/2001 Immediately Accessibility