Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ADA (1)
- Americans with Disabilities Act (1)
- CRPD (1)
- Differences between U.S. disability law and CRPD (1)
- Disabilities (1)
-
- Disability rights (1)
- Discrimination (1)
- Employees (1)
- Employers (1)
- Essential functions (1)
- Human rights approach and disability law (1)
- Law reform (1)
- Legislative drafting (1)
- Levels of scrutiny (1)
- Rehabilitation Act (1)
- Rehabilitation Act of 1973 (1)
- Statutory interpretation (1)
- Suggestions for current U.S. disability law (1)
- The Americans with Disabilities Act of 1990 (1)
- U.N. Convention on the Rights of Persons with Disabilities (1)
- U.S. disability law (1)
- Weaknesses of current U.S. disability employment legislation (1)
Articles 1 - 2 of 2
Full-Text Articles in Disability Law
Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley
Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley
Georgia Journal of International & Comparative Law
No abstract provided.
Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers
Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers
University of Michigan Journal of Law Reform
This Note explores how courts interpret the meaning of “essential functions” under Title I of the Americans with Disabilities Act. To be protected under the ADA, a plaintiff must be able to perform the “essential functions” of her job with or without a reasonable accommodation. In general, courts follow one of two approaches when interpreting this phrase. The first approach narrowly focuses on the employer’s judgment regarding which functions are essential. The second approach considers the employer’s judgment, but looks beyond to consider the broader employment relationship. This Note argues that these different approaches have led to varying levels of …