Digital Commons Network^™

Discovering An Untapped Resource: Recruiting, Hiring, And Promoting People With Cognitive Disabilities., Susanne M. Bruyere, Thomas P. Golden

Susanne Bruyère

Sections to the Paper include the following: America's Shrinking Labor Force, People with Cognitive Disabilities: an Untapped Labor Source, Focus, Initiative, Understand, Enhance.

Hr’S Role In Managing Disability In The Workplace, Susanne M. Bruyere, William Erickson, Sara Vanlooy

Susanne Bruyère

It is estimated that there are 43 million Americans with disabilities, many of whom are significantly unemployed or underemployed compared with their nondisabled peers. This article describes the role of employers, management, and especially the HR professional in minimizing disability discrimination. It describes the findings of a recent study of private and federal sector employers’ responses to the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other disability nondiscrimination legislation, and points to areas that this research indicates are ways to successfully maximize the integration of people with disabilities into the workplace.

The Ada And Training For Employment-Related Professionals: Implications For Rehabilitation Education, Susanne M. Bruyere

Susanne Bruyère

The Americans with Disabilities Act of 1990 holds promise for expanded employment opportunities for persons with disabilities. Critical to the realization of this potel1tial is the education of those who facilitate entry into the work force, specifically managers, human resource professionals, and others who may impact successful work force participation such as labor union representatives and employee assistance professionals. This article focuses on the role of rehabilitation education and training in providing expanded information to these populations key to the integration of persons with disabilities into the work force. Information is provided on these target audiences regarding their role and …

Disability Employment Policies And Practices In Private And Federal Sector Organizations, Susanne M. Bruyere

Susanne Bruyère

Approximately one in six people has a disability, yet people with disabilities are often greatly under or unemployed compared to their non-disabled peers. To address this disparity, both the US Department of Education National Institute on Disability and Rehabilitation Research and the Department of Labor’s Presidential Task Force on Employment of Adults with Disabilities have separately funded initiatives to examine employer practices in response to the ADA. This report combines the research efforts and resulting analyses from two separate surveys of private and federal sector employers, on their policies and practices in implementing disability nondiscrimination legislation. Private sector employers have …

Identity And Disability In The Workplace, Susanne M. Bruyere, William Erickson, Joshua Ferrentino

Susanne Bruyère

The purpose of this article is to examine and discuss factors within the workplace that may affect the ability of individuals with disabilities to access and retain employment. The analysis is based on findings from a Cornell University study of human resource professionals in both the private and federal sectors (Bruyère, 2000b). Part I provides an overview of the study, selected key findings about remaining barriers, and implications for needed future workplace interventions based on the survey responses. Part II reviews selected literature addressing the workplace issues identified in the study. Part III examines some of the concepts and possible …

Chapman Dialogues: Same Sex Marriage - Response To Professor Eskrdige, Lawrence Rosenthal

Lawrence Rosenthal

This essay, a revision of remarks originally delivered as part of the Chapman Dialogues series at Chapman University School of Law, is a response to the remarks of Professor William Eskridge of Yale Law School making the case for the recognition of a constitutional right to same-sex marriage. The essay argues that the judicial establishment of a right in the face of deeply entrenched social norms, prior to the time at which the political groundwork necessary for the enforcement of the right has been laid, risks a powerful and ultimately counterproductive backlash.

Belonging And Empowerment: A New "Civil Rights" Paradigm Based On Lessons From The Past, Rebecca Zietlow

Rebecca E Zietlow

Despite the advances that African Americans have made in our country as a result of the Civil Rights movement of the 1960s, poverty stubbornly persists in communities of color throughout our country. Our current civil rights paradigm, which is rooted in the Equal Protection Clause, and prohibits intentional state discrimination on the basis of immutable characteristics, simply is not working. This article suggests an alternative approach, one based not solely in equality norms but in facilitating the belonging of outsiders in our society. The subordination of people of color in our society has never been just about race. Rather, racism …

The Disaggregation Of Race And Class In United States Civil Rights Law, Rebecca Zietlow

Rebecca E Zietlow

Despite the advances that African Americans have made in our country as a result of the Civil Rights movement of the 1960s, poverty stubbornly persists in communities of color throughout our country. Our current civil rights paradigm, which is rooted in the Equal Protection Clause, and prohibits intentional state discrimination on the basis of immutable characteristics, simply is not working. This article suggests an alternative approach, one based not solely in equality norms but in facilitating the belonging of outsiders in our society. The subordination of people of color in our society has never been just about race. Rather, racism …

Hostile Public Accommodations Laws And The First Amendment, Daniel Koontz

Daniel Koontz

State and municipal Human Rights Commissions have recently begun aggressively interpreting public accommodations laws to punish the speech of proprietors of bars, restaurants, country clubs, and other public accommodations. The theory is that if a proprietor says something to a customer—or even displays artwork, decorations, or signs—that could potentially offend the customer based on race, religion, sex, or ancestry, the proprietor has created a “hostile environment” which denies the customer “full and equal enjoyment” of the public accommodation.

Proprietors can face liability even in the absence of allegations that they refused service to a customer. In one case, a human …

Yick Wo Re-Revisited: Nonblack Nonwhites And Fourteenth Amendment History, Thomas W. Joo

Thomas W Joo

The 1886 Supreme Court case Yick Wo v. Hopkins is often viewed as a precursor of the racial civil rights era represented by Brown v. Board of Education. In fact, the case was primarily about economic rights. In a new article, Unexplainable on Grounds of Race: Doubts About Yick Wo, forthcoming in the Illinois Law Review, Professor Gabriel Chin argues that Yick Wo "is not a race case at all." I argue that it is a "race case" because the Court’s use of the Fourteenth Amendment to vindicate economic rights necessarily entangled economic rights with race--in an ultimately pernicious way. …

Multi-Hued America: The Case For The Civil Rights Movement's Embrace Of Multiethnic Identity, Kamaria A. Kruckenberg

Kamaria A Kruckenberg

This article explores multiethnic categorization, given the Office of Management and Budget’s (OMB) decision to allow multiple-race identification on the 2000 Census and in all federal data collection. This decision has also prompted several states to reconsider how they categorize multiethnic individuals. Such classifications are not just about titles—they affect everything from higher education admissions policies to compliance with federal housing laws. In this article, I give a brief history of multiethnic classification in American law since colonization. Then I address a variety of critiques of the multiracial label, such as the fear of numerical dilution of minority numbers, the …

Transforming Transsexual And Transgender Rights, L. Camille Hebert

L. Camille Hebert

Transsexual and transgendered individuals receive only sporatic and non-comprehensive protection against discrimination in employment. Most efforts to extend that protection, through avenues of protection as a disability or enacting legislation extending protected class status, have been unsuccessful or incomplete. More successful in recent years has been to extend protection against sexual stereotyping to transsexual and transgendered individuals. Least successful has been the argument that discrimination against transsexual and transgendered individuals is itself prohibited sex discrimination. This article argues that in fact the structure to protect transsexual and transgendered individuals from discrimination is already in place through federal and state statutes …

Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat

Martin H. Malin

Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.

Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.

Liars And Terrorists And Judges, Oh My: Moral Panic And The Symbolic Politics Of Appellate Review In Asylum Cases, Eric M. Fink

Eric M Fink

As part of the REAL ID Act, Congress amended the Immigration and Nationality Act to restrict judicial review of adverse credibility determinations by immigration judges. The change came in the wake of controversy of judicial reversals of adverse credibility determinations that the reviewing courts saw as inappropriately speculative and lacking in evidentiary support. Critics, including some appellate judges, have in turn alleged that the appellate courts have been insufficiently deferential to the factual determinations of Immigration Judges (IJs) and the BIA.

This paper examines the argument offered in support of limiting judicial review in this area, and provides an empirical …