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Disability Law Commons

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Articles 1 - 3 of 3

Full-Text Articles in Disability Law

Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro Dec 1978

Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro

William & Mary Law Review

No abstract provided.


Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn Oct 1978

Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn

University of Michigan Journal of Law Reform

While the Rehabilitation Act defines a "handicapped individual,'' neither the language of section 504 nor its legislative history sheds much light on the exact meaning of the term ''otherwise qualified handicapped individual.'' This article will argue that the definition of this term must be broad enough to include severely handicapped persons, the primary group that Congress intended to benefit and protect in enacting section 504. Focussing on the area of postsecondary education, this article will argue that the interpretation developed in the Department of Health, Education and Welfare (HEW) Regulation most effectively fulfills the purposes which Congress intended in enacting ...


Private Rights Of Action, 27 Depaul L. Rev. 1117 (1978), Michael P. Seng Jan 1978

Private Rights Of Action, 27 Depaul L. Rev. 1117 (1978), Michael P. Seng

Faculty Scholarship

In order for Sections 503 and 504 of the Rehabilitation Act of 1973 to practically prohibit employment discrimination against handicapped persons, a broad array of effective and prompt remedies is needed. In this Article, the author examines judicial findings of legislative intent to create private causes of action in the enactment of various civil rights legislation and concludes that a private cause of action is an available mechanism to enforce the federal statutory scheme prohibiting discrimination in the employment of handicapped individuals. While Sections 503 and 504 are silent as to whether a private cause of action exists, Professor Seng ...