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28 C.F.R. § 35.130

Section 35.130 - General prohibitions against discrimination
Section 35.130 - General prohibitions against discrimination

5 Analyses of this regulation by attorneys

  1. Open Banking: When You Build It, Will They Come? CFPB Proposes Rules Requiring Banks to Share Consumer Data

    Bryan Cave Leighton PaisnerNovember 6, 2023

    posed Rulemaking, p. 66.[24] §1033.301(a).[25] §1033.301(b).[26] §1033.301(c)[27] Notice of Proposed Rulemaking, p. 72.[28] Notice of Proposed Rulemaking, pp. 68-69.[29] Notice of Proposed Rulemaking, p. 75.[30] §1033.311(b)[31] §1033.131[32] §1033.141(a)[33] Id. at p. 76.[34] §1033.311(b).[35] §1033.311(c)(1)(d)(3).[36] Notice of Proposed Rulemaking, pp 79-80.[37] §1033.311(c)(1).[38] §1033.311(c)(2).[39] §1033.311(d)(1).[40] Notice of Proposed Rulemaking, p. 85.[41] 15 U.S.C. 6801 et seq.[42] §1033.311(d)(2). See 16 CFR part 314.[43] Notice of Proposed Rulemaking, p. 92, fns 86-87.[44] §1033.321.[45] Notice of Proposed Rulemaking, p. 92.[46] §1033.331.[47] Notice of Proposed Rulemaking, p. 95.[48] Notice of Proposed Rulemaking, p. 96.[49] §1033.331(e).[50] Notice of Proposed Rulemaking, pp. 100-101.[51] §1033.341(a)-(b).[52] §1033.341(c).[53] §1033.341(d).[54] §1033.351(a)-(d).[55] §1033.401.[56] §1033.411.[57] Notice of Proposed Rulemaking, p. 134, citing 42 U.S.C. 12132, 12182(a); 28 CFR 35.130, 35.160(a), 36.201, 36.303(c).[58] §1033.421[59] §1033.421(c).[60]§1033.421(e).[61] §1033.421(f).[62] §1033.441.[63] §1033.131.[64] §1033.431.[View source.]

  2. COVID-19 Response - School Closures and Impact upon Special Education and Section 504 Students Frequently Asked Questions and Summary of Current Guidance

    Clark Hill PLCJordan BullingerMarch 27, 2020

    Answer: Yes, but please see the comments below.Comment: The USDOE addressed this topic in its March 12, 2020 Q&A:“If an LEA continues to provide educational opportunities to the general student population during a school closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE. (34 CFR §§ 104.4, 104.33 (Section 504) and 28 CFR § 35.130 (Title II of the ADA)). SEAs, LEAs, and schools must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student’s IEP developed under IDEA, or a plan developed under Section 504. (34 CFR §§ 300.101 and 300.201 (IDEA), and 34 CFR § 104.33 (Section 504)).

  3. New DOT Rules Close Unintended Gap Regarding ADA Obligation To Modify Operating Practices

    Nossaman LLPJustin MarksJuly 8, 2015

    13253 (Mar. 13, 2015) (to be codified at 49 C.F.R. Parts 27 and 37).\ See 28 C.F.R. § 35.130(b)(7).Melton v. Dallas Area Rapid Transit, 391 F.3d 669 (5th Cir. 2004) ("Melton").

  4. Reasonable Modification to Policies, Practices, or Procedures Must Be Considered When Requested by a Person with Disability

    Seyfarth Shaw LLPAugust 7, 2012

    Judge Spero held that the defendants were required to comply with the DOJ regulation which requires that “reasonable modification in policies, practices, or procedures” be made when necessary to avoid discrimination unless the modification would “fundamentally alter the nature of the service, program, or activity.” 28 C.F.R. § 35.130(b)(7). That the 10 minute rule was neutral on its face and had a legitimate purpose was no defense.

  5. NYC taxi wheelchair accessibility injunction is vacated

    Bergstein & Ullrich, LLPJuly 2, 2012

    The ADA is supposed to be broadly interpreted, but the Second Circuit (Jacobs, Kearse and Hall) cites a Colorado district court case from 1998 for the proposition that "the scope of Title II is not limitless." The relevant ADA regulation here is 28 CFR 35.130(b)(6), which prohibits the TLC from refusing to grant licenses to persons with disabilities who are otherwise qualified to own or operate a taxi. But the regulation cannot be interpreted to require the City to make the taxicabs accessible to the disabled.