Sentences with phrase «under disability where»

(a) a litigation guardian will be found to have an «interest in the proceedings» adverse to the person under disability where there is a «high level of conflict», between the proposed litigation guardian and a party in the proceeding;

(3) The written consent of the person under disability where the person is a minor who is over the age of sixteen years; and

Not exact matches

Students in cities like Baltimore and Washington, D.C., where the special education systems have operated for long stretches under judicial supervision, can go years with undiagnosed and untreated learning disabilities.

In any case, where a child has disabilities then any academy trust undertaking such a course of action would have to be very cautious to avoid claims under the Equality Act 2010.

For example, by identifying our students and their behavior skills, as stated above, the «Kindness Challenge» suggests that teachers can no longer just blame the student for not being motivated or being a «bad seed», we must understand where that behavior is coming from (whether it be from home circumstances, peer pressure or a disability) and treat that student by not addressing the behavior, per se, but by understanding that the student may be under a situation he / she has no control over.

Our report is intended to both shed light on current civil rights practices under voucher programs, draw attention to the harmful and unfair practices currently supported in certain states and highlight areas where state and federal policy can be improved to better support students with disabilities and their families.»

Where the public entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney GeneWhere the public entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney Genewhere such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).

Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney GeneWhere the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney Genewhere such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).

-- It shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to alterations that affect or could affect the usability of or access to an area of the station containing a primary function, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).

(1) a failure to design and construct facilities for first occupancy later than 30 months after the date of enactment of this Act that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this title; and

A: There are several sources of income that can not be accepted: Unemployment insurance payments, both State & Federal temporary disability insurance payments, workers compensation or any employment or job where you are paid under the table or monies not declared for tax purposes can not be considered.

Understand the definition of a service animal under the Americans with Disabilities Act (ADA) and where a trainer or handler of a service animal is permitted or excluded

Psychiatric service dogs are service animals under the Americans with Disabilities Act, so there are very few restrictions about where they can go with their owners.

Such deference would have the effect of limiting the rights of persons with disabilities under the ADA who use certain service animals based on where they live rather than on whether the use of a particular animal poses a direct threat to the health and safety of others.

Where, for example, a registrant or member suffers from an alcohol or drug addiction, a regulator must accommodate that disability to the point of undue hardship when addressing professional misconduct resulting from that disability, or when addressing the registrant's competence, or when acting under any provision relating specifically to addictions that may impair the professional's ability to practice, e.g., under sections 33 (4)(e) and 39 (1)(e) of the Health Professions Act.

Christian Horizons argued that it was not bound by the non-discrimination provisions of the Code because it fell within the «special employment» exemption in s. 24 (1)(a) of the Code, which provides that the right to equal treatment under s. 5 of the Code is not infringed where a religious organization is primarily engaged in serving the interests of persons identified by ancestry, place of origin, colour, ethnic origin, creed, sex, age, marital status or disability employs only persons similarly identified if the qualification is a reasonable and bona fide qualification because of the nature of the employment.

Even where a causal connection between a proven disadvantage and a proven disability has been established, the employer may still avoid liability under the Code by showing that the rule or requirement giving rise to the disadvantage is reasonable and bona fide and that the individual's disability - related needs could not be accommodated without undue hardship.

In appropriate cases, where such individuals can establish discrimination based on an employer policy or conduct, then they certainly are entitled to remedies under the human rights legislation, including the duty to accommodate their disability unless it amounts to an undue hardship.

(4) Unless the court orders otherwise, where the plaintiff is under a disability, an action may be dismissed as abandoned under this rule only if the defendant gives notice to the Children's Lawyer or, if the Public Guardian and Trustee is litigation guardian of the plaintiff, to the Public Guardian and Trustee.

(14) Unless the court orders otherwise, where the plaintiff is under a disability, an action may be dismissed for delay under this rule only if the defendant gives notice to the Children's Lawyer or, if the Public Guardian and Trustee is litigation guardian of the plaintiff, to the Public Guardian and Trustee.

22 The right under sections 1 and 3 to equal treatment with respect to services and to contract on equal terms, without discrimination because of age, sex, marital status, family status or disability, is not infringed where a contract of automobile, life, accident or sickness or disability insurance or a contract of group insurance between an insurer and an association or person other than an employer, or a life annuity, differentiates or makes a distinction, exclusion or preference on reasonable and bona fide grounds because of age, sex, marital status, family status or disability.

This 8:1 decision the Supreme Court of Canada has upheld a Human Rights Tribunal decision that a cocaine addict in a safety - sensitive job, who was fired for violating the employer's policy by failing to report his addiction and then being involved in an accident, was not fired (on the facts of the particular case) because of his disability but rather because he violated the policy under circumstances where it was entirely within his capacity to comply with it.

(1) In addition to its obligations under section 12, where an employee with a disability so requests it, every employer shall consult with the employee to provide or arrange for the provision of accessible formats and communication supports for -LSB-...]

However, the collective agreement cites obligations under the Ontario Human Rights Code and accounts for situations where accommodating employees with disabilities may override other provisions of the collective agreement.

In short, where an employee injury qualifies as a disability, the employer's efforts to return the employee to work under the Act respecting industrial accidents and occupational diseases are not sufficient to satisfy the employer's obligation to accommodate a disability under the Charter.

If you can work under the any occupation disability definition or own - occupation disability definition, but for less money than prior to your disability, the insurer will typically pay you a decreased proportional amount to help make you «whole» compared to where you were financially before the disability.

In situations where TD Insurance has obligations under privacy laws or has issues of confidentiality, a support person may be requested to agree to requirements of service just as the person with a disability does.

The policyholder may additionally choose the disability benefit option under which, in case of death or disability of the insured during the tenure of the plan, the aggregate of all future premiums is paid which can be availed immediately in lump sum or can be invested in the fund where it will attract market linked returns.

Another thing to consider is if you can work under the any occupation disability definition or own - occupation disability definition, but it is for less money than you were making prior to your disability, the insurer will typically pay you a decreased proportional amount to help make you «whole» compared to where you were financially before the disability.

A&D examination accommodations enable you to demonstrate your knowledge of the course materials in cases where a disability may impact your ability to access exams under standard conditions.

According to the EEOC, «(T) here are circumstances where discrimination against caregivers may give rise to sex discrimination under Title VII or disability discrimination under the ADA (Americans with Disabilities Act).»