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Articles 1 - 12 of 12
Full-Text Articles in Law
To Bar Or Not To Bar: Title I Of The Ada And After-Acquired Evidence Of A Plaintiff's Failure To Satisfy Job Prerequisites, Kathryn Johnson-Monfort
To Bar Or Not To Bar: Title I Of The Ada And After-Acquired Evidence Of A Plaintiff's Failure To Satisfy Job Prerequisites, Kathryn Johnson-Monfort
William & Mary Business Law Review
Through enactment of Title I of the Americans with Disabilities Act (ADA) in 1990, Congress unequivocally resolved to prohibit discrimination on the basis of disability in the workplace. However, distortions have since created loopholes through which disability-based employment discrimination may freely slip. An enforcement regulation promulgated by the Equal Employment Opportunity Commission (EEOC) enables such circumvention of the ADA by creating an additional prima facie requirement: a plaintiff must not only be able to perform the essential functions of the position as required by the statute, but must also satisfy all job-related requirements of the position as demanded by the …
Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen
Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen
William & Mary Law Review
No abstract provided.
Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins
Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins
William & Mary Law Review
There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no examination of the work of ADA disability cause lawyers as cause lawyers. Similarly, despite an extensive literature focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of that statute has stymied potential transformation of American society, no academic accounts of disability law have focused on the lawyers who bring these cases. This Article responds to these scholarly voids. …
The Mythic 43 Million Americans With Disabilities, Ruth Colker
The Mythic 43 Million Americans With Disabilities, Ruth Colker
William & Mary Law Review
Although Congress stated in its first statutory finding that it intended the Americans with DisabilitiesA ct (ADA) to protect at least 43 million Americans from disability discrimination, the Supreme Court has interpreted this statute so that it covers no more than 13.5 million Americans. More importantly, this Article demonstrates through the use of Census Bureau data that the ADA's employment discrimination provisions have been eviscerated to the point that the ADA protects virtually no Americans who are both disabled and able to work. This Article places that problem in the larger context of the Court undermining Congress's efforts to protect …
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Faculty Publications
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein
Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein
Faculty Publications
The Americans with Disabilities Act (ADA) was heralded as an "emancipation proclamation" for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from earlier antidiscrimination measures, most notably Title VII, because providing accommodations results in something more than equality for the disabled. The Article challenges this prevalent belief by arguing that ADA-mandated accommodations are consistent with other antidiscrimination measures in that each remedies exclusion from employment opportunity by questioning the inherency of established workplace norms, and by …
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
William & Mary Law Review
No abstract provided.
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
William & Mary Law Review
No abstract provided.
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
William & Mary Law Review
No abstract provided.
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
William & Mary Law Review
No abstract provided.
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
William & Mary Law Review
No abstract provided.