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Full-Text Articles in Disability Law
The Need For Parity In Health Insurance Benefits For The Mentally And Physically Disabled: Questioning Inconsistency Between Two Leading Anti-Discrimination Laws, Sarah Ritz
Journal of Law and Health
Discriminatory practices by the insurance industry, such as benefit limits (caps) on mental health services coverage, or complete lack of mental health care coverage fuel the disparate treatment of those with mental disabilities. These discriminatory practices have been the subject of much debate, and cases challenging those principles have not fared well in the court system. These insurance practices, which single out persons with mental illness and provide them with little or no benefits for mental health care, violate the terms of the Americans with Disabilities Act ("ADA"), and are inconsistent with other laws that seek to remedy discrimination against …
Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak
Journal of Law and Health
Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …
Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard
Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard
Journal of Law and Health
This Article explores the use of the ADA to challenge smoking policies and the fears and questions that such a use raises. We argue that a careful appreciation of the ADA's application to ETS-related claims should temper the worries of both those who see such claims as trivializing the ADA and those who worry that such claims may impose enormous burdens on American businesses. Rather, we suggest that the ADA in this instance, as in others, provides a limited but critical vehicle for ensuring that individuals with disabilities may fully participate in public life. We suggest further that the issues …
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Journal of Law and Health
The Americans with Disabilities Act was enacted in 1990 as a comprehensive scheme in which previously discriminated against classes would be guaranteed fair treatment in employment as well as other settings. The Act protects those with both physical and mental disabilities. With respect to certification for the practice of law, the Act has almost unique significance as the accommodations the Act calls for arguably clash with state bar standards of competence both in legal education and mental fitness for certification. These clashes tend to stem from two major situations-accommodation of the learning disabled student who may not be able to …