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Disability Law Commons

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Full-Text Articles in Disability Law

A Primer On Disability Discrimination In Higher Education, Laura Rothstein Sep 2019

A Primer On Disability Discrimination In Higher Education, Laura Rothstein

Laura Rothstein

This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These …


Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein Jun 2019

Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein

Laura Rothstein

The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …


Symposium Current Issues In Disability Rights Law, Samuel J. Levine May 2019

Symposium Current Issues In Disability Rights Law, Samuel J. Levine

Samuel J. Levine

No abstract provided.


Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn Feb 2015

Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn

Stewart J Schwab

No abstract provided.


Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman Nov 2013

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Eileen Kaufman

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …


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 …


The Intersection Of Sports And Disability: Analyzing Reasonable Accommodations For Athletes With Disabilities, Maureen A. Weston Prof. Dec 2004

The Intersection Of Sports And Disability: Analyzing Reasonable Accommodations For Athletes With Disabilities, Maureen A. Weston Prof.

Maureen A Weston

When thinking about athletes participating in competitive or organized sports, typically the public rarely contemplates the inclusion of players with medical impairments or other physical, mental, and learning disabilities. Yet many athletes with disabilities, whether visible or hidden, have achieved success in both amateur and professional sports. The rights of athletes with medical impairments or disabilities to participate in competitive sports are also increasingly controversial. Because of a medical impairment or disability, some athletes cannot satisfy certain eligibility requirements set by the governing sporting organizations or they need accommodation in order to participate. Athletes who have been effectively excluded from …


Academic Standards Or Discriminatory Hoops? Learning-Disabled Student-Athlete And The Ncaa Initial Academic Eligibility Requirements, Maureen A. Weston Prof. Dec 1998

Academic Standards Or Discriminatory Hoops? Learning-Disabled Student-Athlete And The Ncaa Initial Academic Eligibility Requirements, Maureen A. Weston Prof.

Maureen A Weston

This Article explores the impact of federal disability laws on the NCAA's authority to apply its initial academic eligibility requirements to learning-disabled student-athletes. Part II provides an overview of the three primary federal laws governing students with learning disabilities. Part III describes the NCAA and the standards and processes it employs to determine freshman eligibility for athletic scholarships and participation in intercollegiate sports. Part IV tracks the judicial responses to litigation brought by students with learning disabilities challenging the NCAA eligibility criteria under the ADA. Part V analyzes the ADA's application to the NCAA and identifies specific instances in which …