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Disability Law Commons

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Full-Text Articles in Disability Law

Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne Jan 2008

Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne

Susanne Bruyère

In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of Executive …


Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin Jan 2008

Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin

Articles & Chapters

The legal profession has notoriously ignored the reality that a significant number of its members exhibit signs of serious mental illness (and become addicted or habituated to drugs or alcohol at levels that are statistically significantly elevated from levels of the public at large). This is no longer news. What has not been explored is why so much of the bar has remained willfully ignorant of these realities, and why it refuses to confront the depths of this problem.

The roots of this puzzle are found in the social attitude of sanism, an irrational prejudice of the same quality and …


Restoring The Ada And Beyond: Disability In The 21st Century, Robert L. Burgdorf Jan 2008

Restoring The Ada And Beyond: Disability In The 21st Century, Robert L. Burgdorf

Journal Articles

Perhaps it was imprudent for me to agree, in response to the request of the symposium organizers, to address the future of disability law. Nobel Prize-winning physicist Neils Bohr supposedly once said that "[p]rediction is very difficult, especially about the future."' Columnist and author Jim Bishop wrote, "The future is an opaque mirror. Anyone who tries to look into it sees nothing but the dim outlines of an old and worried face." 2 Prognosticating is a very tricky and uncertain undertaking. I cannot pretend to have any particular gift for crystal ball gazing in disability matters. When I joined the …


Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson Jan 2008

Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson

Publications

HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that …


The Ada Amendments Act Of 2008, Chai R. Feldblum, Kevin Barry, Emily A. Benfer Jan 2008

The Ada Amendments Act Of 2008, Chai R. Feldblum, Kevin Barry, Emily A. Benfer

Georgetown Law Faculty Publications and Other Works

The goal of the Americans with Disabilities Act (ADA) was to create a civil rights law protecting people with disabilities from discrimination on the basis of their disabilities. Disability rights advocates in 1990 were victorious in their efforts to open doors for people with disabilities and to change the country's outlook and acceptance of people with disabilities. These advocates believed that the terms of the ADA, based as they were on Section 504 of the Rehabilitation Act, combined with the legislative history of the ADA, would provide clear instructions to the courts that the ADA was intended to provide broad …