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Articles 1 - 12 of 12
Full-Text Articles in Disability Law
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Laura Rothstein
No abstract provided.
Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Jennifer Sulewski
This brief analyzes data from ICI's National Survey of State Systems and Employment for People with Disabilities regarding the priority Medicaid agencies place on employment and their involvement in recent policy initiatives.
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Michelle A. Travis
Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer
Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer
Julie M. Spanbauer
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
Stewart J Schwab
No abstract provided.
Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis
Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis
Michelle A. Travis
This Article reveals a new resistance strategy to disability rights in the workplace. The initial backlash against the Americans with Disabilities Act of 1990 (ADA) targeted protected class status by characterizing the ADA's accommodation mandate as special treatment that benefitted the disabled at the expense of the nondisabled workforce. As a result, federal courts treated the ADA as a welfare statute rather than a civil rights law, which resulted in the Supreme Court dramatically narrowing the definition of disability. Congress responded with sweeping amendments in 2008 to expand the class of individuals with disabilities who are entitled to accommodations and …
Punitive Injunctions, Nirej S. Sekhon
New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine
New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
Surrogacy Leave And Eu Law: Case C 167/12, C.D. V S.T. And Case C 363/12, Z. V A Government Department, Judgements (Grand Chamber) Of 18 March 2014, Mel Cousins
Mel Cousins
Advances in reproductive technology have tended to outpace the capacity of legislators to respond to these changes, leading to difficult legal questions for the courts. Surrogacy is one particular area where advances in technology have led to many legal challenges and have highlighted the failure (in several jurisdictions) to enact appropriate legislation in response to technological developments and/or differing views about what is ‘appropriate’. Two recent cases before the European Court of Justice (CJEU) have raised the issues as to whether either EU secondary legislation (in particular the Pregnant Workers Directive 92/85/EEC and/or the Equal Treatment Directives 2006/54/EC and 2000/78/EC) …
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Eileen Kaufman
In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …
The Part And Parcel Of Impairment Discrimination, Michelle Travis
The Part And Parcel Of Impairment Discrimination, Michelle Travis
Michelle A. Travis
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) has been heralded for restoring the protected class of individuals with disabilities to the broad scope that Congress intended when it enacted the original Americans with Disabilities Act over two decades ago. But the ADAAA accomplished something even more profound. By restricting the accommodation mandate only to individuals whose impairments are or have been substantially limiting, and by expanding basic antidiscrimination protection to cover individuals with nearly all forms of physical or mental impairment, the ADAAA extricated disability from the broader concept of impairment and implicitly bestowed upon impairment the …
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Susanne Bruyère
In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of Executive …