Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Discrimination (2)
- Gender and law (2)
- Women (2)
- Abortion (1)
- Accommodations (1)
-
- Americans with Disabilites Act (1)
- Americans with Disabilities Act (1)
- Children (1)
- Disabilities (1)
- Disability (1)
- Employers (1)
- Equal protection (1)
- Equality (1)
- Eugenics (1)
- Family and Medical Leave Act (1)
- Kavanaugh (Brett) (1)
- New Jersey (1)
- Pregnancy (1)
- Pregnancy Discrimination Act (1)
- Pregnant women (1)
- Reproductive rights (1)
- Sex equality (1)
- Thomas (Clarence) (1)
- Title VII (1)
- Ttiel VII (1)
- Young v. UPS (1)
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Disability Law
Disability And Reproductive Justice, Samuel Bagenstos
Disability And Reproductive Justice, Samuel Bagenstos
Articles
In the spring of 2019, disability and abortion rights collided at the Supreme Court in a case involving an Indiana ban on “disability-selective abortions.” In a lengthy concurrence in the denial of certiorari, Justice Thomas argued that the ban was constitutional because it “promote[s] a State’s compelling interest in preventing abortion from becoming a tool of modern-day eugenics.” Just a few months earlier, disability and reproductive rights issues had intersected in a very different way in the debate over the nomination of Brett Kavanaugh to the Supreme Court. Disability rights advocates drew attention to an opinion then-Judge Kavanaugh had written …
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko
Michigan Journal of Gender & Law
In light of the recent Supreme Court decision Young v. UPS, pregnancy accommodation in the workplace is once again at the forefront of employment law. Pregnancy is not considered a disability under the ADA, nor is it within the scope of Title VII protections, but states are passing their own pregnancy accommodation laws. These laws will affect employers and employees alike, but exactly how is uncertain. Perhaps the most natural (and obvious) result of the explosion of state pregnancy accommodation laws will be a federal law, or an amendment to the ADA categorizing pregnancy as a disability. But there …
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
University of Michigan Journal of Law Reform
This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.