Code of federal regulation intimidating behavior
§36.310 Transportation provided by public accommodations. means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U. (2) A restaurant, bar, or other establishment serving food or drink; (3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; (4) An auditorium, convention center, lecture hall, or other place of public gathering; (5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment; (7) A terminal, depot, or other station used for specified public transportation; (8) A museum, library, gallery, or other place of public display or collection; (9) A park, zoo, amusement park, or other place of recreation; (10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education; (11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and (12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators. §§36.312-36.399 [Reserved] Subpart D—New Construction and Alterations §36.401 New construction. means facilities—(1) Whose operations will affect commerce; (2) That are intended for nonresidential use by a private entity; and (3) That are not—(i) Facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended (42 U. For purposes of this definition, “rail” and “railroad” have the meaning given the term “railroad” in section 202(e) of the Federal Railroad Safety Act of 1970 (45 U. means housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence. means any mobility device powered by batteries, fuel, or other engines—whether or not designed primarily for use by individuals with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section. For purposes of this part, a facility is a “place of lodging” if it is—(i) An inn, hotel, or motel; or(ii) A facility that—(A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following—() Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit. 541) means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.The types of impairments described in this paragraph may substantially limit additional major life activities (including major bodily functions) not explicitly listed in paragraphs (d)(2)(iii)(A) through (K).(A) Deafness substantially limits hearing;(B) Blindness substantially limits seeing;(C) Intellectual disability substantially limits brain function;(D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function;(E) Autism substantially limits brain function;(F) Cancer substantially limits normal cell growth;(G) Cerebral palsy substantially limits brain function;(H) Diabetes substantially limits endocrine function;(I) Epilepsy, muscular dystrophy, and multiple sclerosis each substantially limits neurological function;(J) Human Immunodeficiency Virus (HIV) infection substantially limits immune function; and(K) Major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury, obsessive compulsive disorder, and schizophrenia each substantially limits brain function.(3) (i) At all times taking into account the principles set forth in the rules of construction, in determining whether an individual is substantially limited in a major life activity, it may be useful in appropriate cases to consider, as compared to most people in the general population, the conditions under which the individual performs the major life activity; the manner in which the individual performs the major life activity; or the duration of time it takes the individual to perform the major life activity, or for which the individual can perform the major life activity.(ii) Consideration of facts such as condition, manner, or duration may include, among other things, consideration of the difficulty, effort or time required to perform a major life activity; pain experienced when performing a major life activity; the length of time a major life activity can be performed; or the way an impairment affects the operation of a major bodily function.In addition, the non-ameliorative effects of mitigating measures, such as negative side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual's impairment substantially limits a major life activity.(iii) In determining whether an individual has a disability under the “actual disability” or “record of” prongs of the definition of “disability,” the focus is on how a major life activity is substantially limited, and not on what outcomes an individual can achieve. §36.604 Procedure following preliminary determination of equivalency. Appendix A to Part 36—Guidance on Revisions to ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and Commercial Facilities Appendix B to Part 36—Analysis and Commentary on the 2010 ADA Standards for Accessible Design Appendix C to Part 36—Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities originally published on July 26, 1991 Appendix D to Part 36—1991 Standards for Accessible Design as Originally Published on July 26, 1991 Appendix E to Partt 36—Guidance to Revisions to ADA Title II and Title III Regulations Revising the Meaning and Interpretation of the Definition of “disability” and Other Provisions in Order To Incorporate the Requirements of the ADA Amendments Act Appendix F to Part 36—Guidance and Section-by-Section Analysis The purpose of this part is to implement subtitle A of title III of the Americans with Disabilities Act of 1990 (42 U. The primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations and whether discrimination has occurred, not whether the individual meets the definition of “disability.” The question of whether an individual meets the definition of “disability” under this part should not demand extensive analysis. 11, 2016] This part applies to any—(1) Public accommodation; (2) Commercial facility; or (3) Private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes. 12181-12189), as amended by the ADA Amendments Act of 2008 (ADA Amendments Act) (Pub. Consistent with the ADA Amendments Act's purpose of reinstating a broad scope of protection under the ADA, the definition of “disability” in this part shall be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA.Find out what workplace intimidation is, and how you can stop it.
§36.507 Effect of unavailability of technical assistance. §§36.509-36.599 [Reserved] Subpart F—Certification of State Laws or Local Building Codes §36.601 Definitions. §36.605 Procedure following preliminary denial of certification. (b) (1) The requirements of this part applicable to public accommodations are set forth in subparts B, C, and D of this part. means travel, trade, traffic, commerce, transportation, or communication—(1) Among the several States; (2) Between any foreign country or any territory or possession and any State; or (3) Between points in the same State but through another State or foreign country. 3601-3631); (ii) Aircraft; or (iii) Railroad locomotives, railroad freight cars, railroad cabooses, commuter or intercity passenger rail cars (including coaches, dining cars, sleeping cars, lounge cars, and food service cars), any other railroad cars described in section 242 of the Act or covered under title II of the Act, or railroad rights-of-way. means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located. The term “illegal use of drugs” does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. The term “individual with a disability” does not include an individual who is currently engaging in the illegal use of drugs, when the private entity acts on the basis of such use. means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories—(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. §§36.407-36.499 [Reserved] Subpart E—Enforcement §36.501 Private suits. Except as otherwise provided in this part, this part shall not be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U. (b) This part does not affect the obligations of a recipient of Federal financial assistance to comply with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U. (c) This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them. means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services, as provided in §36.208. §36.302 Modifications in policies, practices, or procedures. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. §§36.214-36.299 [Reserved] Subpart C—Specific Requirements §36.301 Eligibility criteria. The work or tasks performed by a service animal must be directly related to the individual's disability.