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Articles 1 - 13 of 13
Full-Text Articles in Disability Law
The Right Of The Physically And Mentally Handicapped: Amendments Necessary To Guarantee Protection Through The Civil Rights Act Of 1964, Patrick T. Ryan
The Right Of The Physically And Mentally Handicapped: Amendments Necessary To Guarantee Protection Through The Civil Rights Act Of 1964, Patrick T. Ryan
Akron Law Review
SINGLE STROKES of the government's pen can seldom alone accomplish social goals. To insure vitality, legislation requires review, revision and amendment. Though worthy of praise for initial and continuing contributions towards social betterment, the Civil Rights Act of 19641 falls into this classification. Its scope is too narrow because it fails to include a significant group of persons sorely in need of its protection. This legislation needs the depth evoked by its title rather than the limitations of its present language. Amendment is required to protect the rights of the physically and mentally handicapped.
Title Vii Discrimination Actions: Applicable Or Inapplicable To The Partnership Decision? Hishon V. King & Spalding, Gus Yogmour
Title Vii Discrimination Actions: Applicable Or Inapplicable To The Partnership Decision? Hishon V. King & Spalding, Gus Yogmour
Akron Law Review
An underlying premise of a partnership is that it is a strictly voluntary association between two or more persons for a business purpose. The concept that a partnership can be forced against its will to accept another individual into the organization as a partner is repugnant to the underlying premise of voluntariness of association. One purpose of Title VII of The Civil Rights Act of 1964 is to prohibit discrimination on the basis of sex and to place men and women on an equal footing. In order for this equal footing to exist, an individual's capabilities can be the only …
Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone
Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone
Akron Law Review
Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.
Shelby, Race, And Disability Rights, Ravi Malhotra
Shelby, Race, And Disability Rights, Ravi Malhotra
Journal of Race, Gender, and Ethnicity
No abstract provided.
Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy
Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy
Catholic University Law Review
This Note discusses how employer wellness programs are potential breeding grounds for Americans with Disabilities Act discrimination claims in light of recent ADA cases relating to obesity and how courts’ treatment of the safe harbor provision of the ADA is incongruent with the broadening of ADA claims. It looks at the provisions of the ADA and how courts have traditionally defined “disability” in obesity cases, describes the ADA safe harbor provision, and discusses the advent of corporate wellness programs. This Note then analyzes Seff v. Broward County, the most notable wellness program case to-date, and how the court’s decision …
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein
Michigan Law Review
Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have an equal chance to attain a particular goal, or do obstacles irrelevant to their qualifications or to the desired goal preclude achievement? But equal opportunity is complicated.1 There are descriptive and prescriptive dimensions to this question. Nuances exist when determining who is similarly situated, whether those individuals have the same opportunity, what goals we care about equalizing, and whether the ultimate aspiration is equality of opportunity or equality of outcome. Moreover, what means should we employ to remove obstacles, are these means likely to be …
A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson
A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager
An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager
NYLS Law Review
No abstract provided.
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Georgia Law Review
This Note discusses the value of alternative litigation funding (ALF) and the legal challenges affecting the ALF industry in Georgia. More specifically, it identifies a way to maximize ALF's benefits for plaintiffs with personal tort and employment discrimination claims. Tort victims who are rendered incapable of working, and employees who have lost jobs because of workplace discrimination or retaliation,face immediate financial burdens-they may be unable to afford food, housing, health care, transportation, and other necessities. This economic pressure often forces plaintiffs to settle quickly for less than the value of the harm inflicted. But ALF companies offer a workable solution …
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.
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.