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Full-Text Articles in Disability Law
Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, Anna Carr Hanks
Mercer Law Review
Through its decision in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit deepened the split among the circuit courts nationwide by explicitly requiring an adverse employment action in failure-to-accommodate claims under Title I of the Americans with Disabilities Act. Through this opinion, the Eleventh Circuit joined the minority of circuits and suggested that the Supreme Court of the United States may soon need to revisit this issue to resolve the uncertainty stemming from this fundamental disagreement among the circuits.
The Generational Squeeze: A Commentary On Multi- Generational Special Needs And Benefit Planning In Georgia, Christopher Wages
The Generational Squeeze: A Commentary On Multi- Generational Special Needs And Benefit Planning In Georgia, Christopher Wages
Mercer Law Review
As the generation of baby boomers—individuals born between 1946 and 1964—grow older, their children are being progressively squeezed between caring for aging parents and the demands of a family of their own, giving rise to the term “sandwich generation.” The current population of fifty-three million baby boomers over the age of sixty-five accounts for 16% of the populace. As such, younger generations are finding themselves sandwiched between the financial, emotional, and physical needs of their aging parents and young children. This challenging situation is further exacerbated for families dealing with disabilities, and this scenario is only becoming more ubiquitous. In …
Clicks, Bricks, And Politics: Website Accessibility Under Title Ii And Title Iii Of The Americans With Disabilities Act, Elliza Guta
Mercer Law Review
The Internet’s role in modern society is constantly expanding. While only a few thousand websites were in existence in the early 1990s, there are almost two billion active websites today. Every major business, news source, health care provider, and government entity has an online presence and the nation’s reliance on the Internet is growing. The role of the Internet in Americans’ daily lives is not a new phenomenon, but in the wake of the COVID-19 pandemic, the use of the Internet and online technology has dramatically increased. Whether it’s grocery shopping, zoom-school, or checking local infection rates, the pandemic has …
Perfect Adherence Or Material Deviation?: The Eleventh Circuit's Bright Idea In Resolving Individualized Education Plan Implementation Cases, Chelsea Henderson
Perfect Adherence Or Material Deviation?: The Eleventh Circuit's Bright Idea In Resolving Individualized Education Plan Implementation Cases, Chelsea Henderson
Mercer Law Review
In 2002, L.J., a child with intellectual disabilities and autism, began using an individualized education plan (IEP). This IEP was meant to provide L.J. with the free appropriate public education (FAPE) that is guaranteed to all children across the United States. However, L.J.'s mother did not believe the School Board of Broward County adequately implemented L.J.'s IEP. L.J.'s mother's concern resulted in an almost twenty-year legal battle between L.J. and the Broward County School Board. This battle finally ended in June 2019, when the United States Court of Appeals for the Eleventh Circuit joined four other circuits in holding that …
Gross V. Fbl Financial Services, Inc.: A Simple Interpretation Of Text And Precedent Results In Simplified Claims Under The Adea, Robert Fuller
Gross V. Fbl Financial Services, Inc.: A Simple Interpretation Of Text And Precedent Results In Simplified Claims Under The Adea, Robert Fuller
Mercer Law Review
In Gross v. FBL Financial Services, Inc., the United States Supreme Court was asked to clarify whether the direct evidence requirement articulated in Price Waterhouse v. Hopkins-later superseded by the Civil Rights Act of 1991-applied to mixed-motive claims brought under the Age Discrimination in Employment Act of 1967 (ADEA). In an unexpected twist, the Court held that a plaintiff must prove by a preponderance of any evidence, direct or indirect, that age was the "but for" or "determinative" cause of the adverse employment action. Accordingly, the employer bears no burden of persuasion on any issue in defending claims …
Olmstead V. L.C.-Deinstitutionalization And Community Integration: An Awakening Of The Nation's Conscience?, Samantha A. Dipolito
Olmstead V. L.C.-Deinstitutionalization And Community Integration: An Awakening Of The Nation's Conscience?, Samantha A. Dipolito
Mercer Law Review
Olmstead v. L.C. is a landmark case that originated in Georgia and has been lauded as the Brown v. Board of Education for the law of disability discrimination. In June 1999 the United States Supreme Court decided Olmstead v. L.C., holding that it is a violation of the Americans with Disabilities Act ("ADA") for states to discriminate against people with disabilities by confining them to institutions when such individuals could live more appropriately in a community-based setting. Yet, nearly eight years after the Olmstead decision and fourteen years after the passage of the ADA, progress in implementing the …
Involuntary Commitment Of People With Mental Retardation: Ensuring All Of Georgia's Citizens Receive Adequate Procedural Due Process, Laura W. Harper
Involuntary Commitment Of People With Mental Retardation: Ensuring All Of Georgia's Citizens Receive Adequate Procedural Due Process, Laura W. Harper
Mercer Law Review
In the state of Georgia there are approximately three thousand citizens who are confined to segregated living institutions because of their disabilities. Many of these individuals are placed in institutions involuntarily through legal proceedings. Some of these individuals have mental retardation, a condition that occurs during a person's development and results in below normal intellectual functioning. Many disability advocates argue that segregation and institutionalization of people with mental retardation is not needed, although all do not agree. Despite strong advocacy for the rights of people with disabilities, many continue to be institutionalized, often because their families can find no other …
Title Iii Of The Americans With Disabilities Act Applies To Foreign Cruise Ships; But What Exactly Is Required?, Samantha Allison Dipolito
Title Iii Of The Americans With Disabilities Act Applies To Foreign Cruise Ships; But What Exactly Is Required?, Samantha Allison Dipolito
Mercer Law Review
In Spector v. Norwegian Cruise Line, the United States Supreme Court held that Title III of the Americans with Disabilities Act (the "ADA") applies to foreign-flag cruise ships in American waters insofar as the requirements of Title III do not interfere with the internal order of the cruise ships. Additionally, the Court held that the provision of the ADA requiring barrier removal, which is "readily achievable" does not apply if the removal would bring a ship into noncompliance with international legal obligations. The dissenting opinion argues that Title III of the ADA does not apply to foreign cruise ships …
The Americans With Disabilities Act In Cyberspace: Annlving The "Nexus" Approach To Private Internet Websites, Richard E. Moberly
The Americans With Disabilities Act In Cyberspace: Annlving The "Nexus" Approach To Private Internet Websites, Richard E. Moberly
Mercer Law Review
In recent years, the increasing importance of the Internet has drawn attention to the exclusion of certain parts of society from participating fully in the advantages brought about by the Internet's technological advances. This "digital divide," as some have labeled it, particularly excludes some individuals with disabilities, such as those with visual, auditory, or muscular impairments, who are unable to access many features of today's Internet. Although private efforts encourage websites to adopt voluntary standards to make the Internet more accessible to these individuals, no clear governmental directive specifically aimed at privately-owned websites currently requires broad accessibility for the disabled. …
Sutton V. United Air Lines, Inc.: The Role Of Mitigating Measures In Determining Disabilities, Julia J. Hall
Sutton V. United Air Lines, Inc.: The Role Of Mitigating Measures In Determining Disabilities, Julia J. Hall
Mercer Law Review
In Sutton v. United Air Lines, Inc., the United States Supreme Court held that the determination of "disability" under the Americans with Disabilities Act of 1990 ("ADA") requires a consideration of any mitigating or corrective measures. The Court further held that an individual is "regarded as" disabled under the ADA if a covered entity mistakenly believes that the individual's actual, yet nonlimiting, impairment substantially limits a major life activity. This Casenote focuses only on the issue of whether the determination of disability under the ADA should be made with reference to any mitigating measures for the impairment.