[nfbmi-talk] Fw: ada applies to nfb mi
joe harcz Comcast
joeharcz at comcast.net
Thu Aug 9 00:28:32 UTC 2012
----- Original Message -----
From: joe harcz Comcast
To: Larry Posont MCB Comm.
Cc: Michael Powell NFB MI ; David Robinson NFB MI ; mary wurtzel ; Terri Wilcox NFB Sec ; nick Wilcox ; melinda latham
Sent: Wednesday, August 08, 2012 8:17 PM
Subject: ada applies to nfb mi
August 8, 2012
To: Officers of the National Federation of the Blind of Michigan
The National Federation of the Blind of Michigan is a Place of Public Accommodation within the meaning of Title III of the Americans with Disabilities Act of 1990. It’s list serve is one of the services it provides.
Thus this section of the ADA, Title III applies to it, its officers and to the list serve moderator:
Section 36.206 Retaliation or Coercion
Section 36.206 implements section 503 of the ADA, which prohibits retaliation against any individual who exercises his or her rights under the Act. This
section is unchanged from the proposed rule. Paragraph (a) of Sec.36.206 provides that no private entity or public entity shall discriminate against any
individual because that individual has exercised his or her right to oppose any act or practice made unlawful by this part, or because that individual
made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.
Paragraph (b) provides that no private entity or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise of his
or her rights under this part or because that individual aided or encouraged any other individual in the exercise or enjoyment of any right granted or
protected by the Act or this part.
Illustrations of practices prohibited by this section are contained in paragraph (c), which is modeled on a similar provision in the regulations issued
by the Department of Housing and Urban Development to implement the Fair Housing Act (see 24 CFR 100.400(c)(l)). Prohibited actions may include:
List of 4 items
(1) Coercing an individual to deny or limit the benefits, services, or advantages to which he or she is entitled under the Act or this part;
(2) Threatening, intimidating, or interfering with an individual who is seeking to obtain or use the goods, services, facilities, privileges, advantages,
or accommodations of a public accommodation;
(3) Intimidating or threatening any person because that person is assisting or encouraging an individual or group entitled to claim the rights granted or
protected by the Act or this part to exercise those rights; or
(4) Retaliating against any person because that person has participated in any investigation or action to enforce the Act or this part.
This section protects not only individuals who allege a violation of the Act or this part, but also any individuals who support or assist them. This section
applies to all investigations or proceedings initiated under the Act or this part without regard to the ultimate resolution of the underlying allegations.
Because this section prohibits any act of retaliation or coercion in response to an individual's effort to exercise rights established by the Act and this
part (or to support the efforts of another individual), the section applies not only to public accommodations that are otherwise subject to this part,
but also to individuals other than public accommodations or to public entities. For example, it would be a violation of the Act and this part for a private
individual, e.g., a restaurant customer, to harass or intimidate an individual with a disability in an effort to prevent that individual from patronizing
the restaurant. It would, likewise, be a violation of the Act and this part for a public entity to take adverse action against an employee who appeared
as a witness on behalf of an individual who sought to enforce the Act.
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