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Civil Rights and Discrimination Commons™
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Articles 1 - 13 of 13
Full-Text Articles in Civil Rights and Discrimination
Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride
Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride
American University Journal of Gender, Social Policy & the Law
One of the hallmarks of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in the workplace on the basis of disability, is that it defines “discrimination” to include “not making reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual with a disability.” This concept of reasonable accommodation was seen as innovative in two ways. It recognized that employers must sometimes take affirmative steps or make adaptations to afford individuals with disabilities an equal opportunity to apply for and perform jobs. And it identified the failure to take such affirmative steps as a type of …
The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán
The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
As a result of the disability rights movement's fight for the development of community-based services, the percentage of people with intellectual and developmental disabilities (I/DD) and mental illness living in institutions has significantly decreased over the last few decades. However, in part because of government failure to invest properly in community-based services required for a successful transition from institutions, individuals with disabilities are now dramatically overrepresented in jails and prisons. The Americans with Disabilities Act's (ADA) "integration mandate" -- a principle strengthened by the Supreme Court's 1999 Olmstead v. L.C. decision, entitling individuals with disabilities to receive services in the …
The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx
The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx
American University Law Review
No abstract provided.
Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea
Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher
American University Law Review
No abstract provided.
Health Justice: A Framework (And Calll To Action) For The Elimination Of Health Inequity And Social Injustice, Emily A. Benfer
Health Justice: A Framework (And Calll To Action) For The Elimination Of Health Inequity And Social Injustice, Emily A. Benfer
American University Law Review
No abstract provided.
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass
Legislation and Policy Brief
Prior to the 1970s, many healthcare plans in the U.S. offered benefits without discriminating between mental health and general healthcare coverage. In the 1970s and 1980s, the cost of healthcare increased dramatically and employers eliminated or limited mental health benefits in an attempt to reduce insurance costs. To manage insurance costs, employers began using more cost sharing mechanisms and benefit caps on mental health benefits. However, these limitations were not applied equally to mental health and general health benefits and a coverage disparity was created. Today, insurers often do not provide coverage for mental health on the same terms as …
The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick
The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick
Legislation and Policy Brief
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA). The ADA was intended to eliminate discrimination against individuals with disabilities by expanding the Rehabilitation Act (Rehab Act) to cover people with disabilities in need of coverage from a non-federal employer or entity. Unfortunately, due to a number of Supreme Court cases narrowing the focus of the ADA, the individuals that were intended by Congress to have full protection under the law were no longer assured adequate coverage. In 2008, in response to the narrowing of the definition of disability and …
The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein
The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'