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- Abortion (1)
- Americans With Disabilities Act; ADA; Equal Employment Opportunity Commission; EEOC; Reasonable Accommodation; Mandatory Reassignment; Disability; Disabled Employee; Disabled; Civil Rights; Employment; Best Qualified Applicant (1)
- Disability (1)
- International human rights law; therapeutic jurisprudence; Convention on the Rights of Persons with Disabilities; mental disability law; sanism; Americans with Disabilities Act; CRPD; ADA (1)
- Intersectionality (1)
Articles 1 - 3 of 3
Full-Text Articles in Disability Law
“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein
“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein
Brooklyn Law Review
This article carefully examines, through a therapeutic jurisprudence framework, the likely impact of the United States’ ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on U.S. society’s sanist attitudes towards persons with mental disabilities. Although the United Nations ratified the CRPD—the most significant historical development in the recognition of the human rights of persons with mental disabilities— in 2008, the United States has yet to ratify it. In this article, we consider whether the CRPD, if ratified, is likely to finally extinguish the toxic stench of sanism that permeates all levels of society. We …
Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice
Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice
Brooklyn Law Review
This note directly addresses one of the most pertinent and core civil rights issues—employment rights of individuals with disabilities—and proposes a unique contribution to current scholarship. The problem lies in the interpretation of the Americans With Disabilities Act’s provision that suggests that reassignment “may” be a reasonable accommodation, which is defined as any accommodation required for an employee with a disability to equalize success and opportunity in the workplace. The word “may” in the provision creates confusion over whether reassignment is always reasonable. Hence, circuit courts are divided on the issue of whether mandatory reassignment is always a reasonable accommodation …
Law In The Time Of Zika: Disability Rights And Reproductive Justice Collide, Seema Mohapatra
Law In The Time Of Zika: Disability Rights And Reproductive Justice Collide, Seema Mohapatra
Brooklyn Law Review
This article focuses on finding common ground between those seeking to ensure abortion access and those advocating for disability rights, using the reaction to the Zika virus as a case study. Although the symptoms of Zika in women were often mild, the correlation of Zika infection in pregnant women to microcephaly affecting their newborns led to travel advisories and alarm bells for pregnant women in areas where the Zika virus was prevalent. Although the rise of microcephaly and its connection to Zika was a cause for concern and investigation, the condition itself is not a death sentence, as headlines suggested. …