Oversight Hearing on the Equal Employment Opportunity Commission's Implementation of the Americans with Disabilities Act (Title I on Employment and Title V Covering Miscellaneous Provisions)


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This hearing transcript presents testimony, a prepared statement, and supplemental materials provided by Evan J. Kemp, Jr., Chairman of the Equal Employment Opportunities Commission (EEOC), specifically related to implementation of the Americans with Disabilities Act (ADA). The hearing deals with EEOC enforcement strategies for implementing Title I of the ADA, including the development of clear and concise regulations, policies, and procedures. The hearing specifically addresses: (1) plans for meeting the growing demands by the public and by business entities for information and guidance; (2) plans to handle the potential flood of cases; (3) the concept of reasonable accommodation; (4) training of EEOC employees in disability law; (5) technical assistance to employers and individuals with disabilities; (6) implementation of the Charge Data System and the ADA Tracking System; (7) budget and staffing; and (8) state and local fair employment practices agencies. Supplemental materials include copies of several EEOC publications: "The Americans with Disabilities Act: Questions and Answers,""The Americans with Disabilities Act: Your Employment Rights as an Individual with a Disability,""The Americans with Disabilities Act: Your Responsibilities as an Employer," and regulations published in the Federal Register on equal employment opportunities for individuals with disabilities. (JDD)













Resources in Education


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2010 ADA Standards for Accessible Design


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(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.













Tax Expenditures


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