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Vegas Injury Law

Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Las Vegas Personal Injury Law introduction on our home page. Also, you can get an overview of other Nevada Legal Topics before you read the Article below.

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  • ADA Enforcement












  • ADA Enforcement

    Disability Rights Section -- ADA Enforcement

    Allegations of discrimination by state or local government employers under Title I (which are also covered by Title II) are investigated by the Equal Employment Opportunity Commission (EEOC), and referred to the DRS for litigation if necessary. The EEOC retains for litigation Title I matters that involve private employers. Allegations under Titles II and III are investigated and litigated by the Civil Rights Division. Remedies and enforcement procedures for Title I are those provided by Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, and include injunctive relief and compensatory damages with certain prescribed limits. Punitive damages are not available against public employers. Remedies and procedures for enforcement under Title II parallel those available pursuant to Section 504 of the Rehabilitation Act of 1973, and include injunctive relief and compensatory damages. The remedies available under Title III in litigation initiated by th e Division include injunctive relief, compensatory damages, and civil penalties of up to $50,000 for a first violation, and $100,000 for any subsequent violation.

    The DRS has primary responsibility for all of the Department's cases and matters arising under Titles I, II, and III. The DRS coordinates closely with United States Attorneys' offices in all of its cases. In addition, specific United States Attorneys' offices (USAOs), which are participating in a pilot ADA enforcement program, have taken primary responsibility for many ADA cases in their districts. This program is coordinated by the DRS. In addition, all USAOs can facilitate the DRS's effort by referring any ADA complaints they receive to the DRS, and by notifying the DRS of any private ADA lawsuits so that the Department may consider intervention or amicus participation.

    United States Attorneys' offices should make efforts to coordinate the positions taken by the Department as defendant in cases involving allegations of disability discrimination (e.g., cases brought under the Rehabilitation Act of 1973), with the positions taken in the Department's affirmative ADA litigation and other defensive litigation handled by the Civil Division. If you become aware of such cases, please contact the Appellate Sections of the Civil Rights Division and the Civil Division.

    The DRS is also responsible for providing technical assistance to individuals and entities affected by the ADA (as mandated under Section 504 of the Act), for coordinating ADA technical assistance government-wide, and for the certification of state or local building codes under Title III (pursuant to section 308 of the Act). For information on the DRS's ADA Technical Assistance Program, see the Civil Rights Resource Manual at 31.

    The DRS certifies state and local accessibility codes under Title III. See the Civil Rights Resource Manual at 32.



    This information came from a
    US DOJ online article.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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    DEMPSEY, ROBERTS & SMITH, LTD.
    520 South Fourth Street, Suite 360
    Las Vegas, Nevada 89101

    Las Vegas Lawyer - Las Vegas Attorney - Las Vegas Personal Injury Lawyer

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