AVITIA, ROSARIO MACIEL (vs. COSA AND IMMIGRATION AND CUSTOM ENFORCEMENT AGENCY "ICE")

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Appendix 4.8.A: Resources Note: This appendix is not, and should not be interpretedas,legaladvice. Thisappendixis intended only as a reference. The materials referenced herein are non -exhaustive, and facilities are responsible for determining whether and how any additional laws apply. Applicable Federal Laws and Regulations Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504) • Section 504 prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. Section 504 requires that no individual with a disability may be denied the opportunity to participate in a program, service, or activity solely by reason of a disability. The facility is required to provide reasonable modifications to provide individuals with disabilities with an equal opportunity to access, participate in, or benefit from the facility's programs, services, and activities. When considering what reasonable modifications to provide, the facility will engage in an interactive and individualized process that considers the individual's needs and gives primary consideration to the preferences of the individual with a disability. DHS' Section 504 implementing regulations: C.F.R. Part 15 Link to DHS' Section 504 regulations: htti2s•//www glo gov/fdsys/ag/CFR-2004- title6-voll/ndf/CFR-2004-dtle6-voll-partly pdf Architectural Barriers Act of 1968. 42 U.S.C. §§ 4151 et seg. (ABA) • The ABA requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. They do not address die activities conducted in those buildings and fatalities. • Implementing Regulations: 41 CFR Subpart 101-19.6 • Link to the ABA: https://www access - board. gov/ guidelines-and-standards/buildings- and-sites /about-the-aba-standards U.S. Department of Homeland Security (DHS) Resources Directive No, 065-01: Nondiscrimination for Individuals with Disabilities in DHS -Conducted Programs and Activities (Non -Em llooyment� This Directive establishes the DHS policy and implementation mechanisms for ensuring nondiscrimination for individuals with disabilities served by DHS -conducted programs and activities under Section 504. https://www.dhs.gov/sites/default/Mes/public ations / dhs-manag ement-directive-disability_ access 0 l.odf Directive 065-01-001: Instruction on Nondiscrimination for Individuals with a Disability in DHS -Conducted Programs and Activities on- EEWlo) trent) • This Instruction implements the DHS Directive 065-01, Nondiscrimination for Individuals with Disabilities in DHS -Conducted Programs and Activities (Non -Employment). httl2s://www.dhs.gov/sites/default/files/pLlbhc ations/ dhs-instruction-nondiscrimination- individuals-disabilities 03-07-15.pd A Guide to Interacting with People who Have Disabilities: 4.8 1 Disability Identification, Assessment, and 354 PBNDS 2011 Accommodation (Revised December 2016)