Disability Law Commons^™

Reasonable Accommodation Under The Ada: Are Employers Required To Participate In The Interactive Process? The Courts Say "Yes" But The Law Says "No", John R. Autry

Chicago-Kent Law Review

The Americans with Disabilities Act ("ADA") generally requires employers to "reasonably accommodate" a "qualified" employee's disability. Unfortunately, the ADA is silent as to the appropriate method for fashioning reasonable accommodations. The Equal Employment Opportunity Commission ("EEOC") issued regulations endorsing an "interactive process" by which an employer and its "qualified" disabled employee work together to devise the proper accommodation. However, the Supreme Court has yet to determine whether courts must defer to these regulations, leaving the circuit courts of appeals to issue differing opinions on whether the EEOC's interactive process is best characterized as a requirement or merely a suggestion.

Thus, …

Testing Applicants With Disabilities, Gregory M. Duhl, Stuart Duhl

Faculty Scholarship

All jurisdictions provide reasonableaccommodations for applicants with disabilities who are otherwise qualified to sit for the bar examination. The provision of accommodations is primarily a result of the comprehensive federal law known as the Americans with Disabilities Act (“the ADA”), passed by Congress in 1990 to prohibit discrimination against persons with disabilities. The ADA protects both applicants with physical disabilities and those with mental disabilities, and accommodations include not only additional testing time, longer and more frequent breaks between testing sessions, and private testing rooms, but also other auxiliary aids and services designed to enable effective communication to and from …

The Chevron Two-Step And The Toyota Sidestep: Dancing Around The Eeoc's Disability Regulations Under The Ada, Lisa A. Eichhorn

Faculty Publications

The definition of "disability" is among the most frequently litigated issues under the Americans with Disabilities Act ("ADA") because the statute protects only individuals with disabilities. The ADA defines a disability, in part, as an impairment that substantially limits a major life activity, and the EEOC has issued a regulation further defining the term "substantially limits" for purposes of the Act's employment-related provisions. Although the EEOC's regulation is the product of a valid rulemaking process and is entitled to a high degree of deference under settled administrative law principles, the Supreme Court, in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, …

Introduction: Understanding The Context For The “Coelho Challenge”, Seth D. Harris

NYLS Law Review

No abstract provided.

Exile And The Kingdom: Integration, Harassment, And The Americans With Disabilities Act, Mark C. Weber

Maryland Law Review

No abstract provided.

Generalizing Disability, Michael Ashley Stein

Faculty Publications

No abstract provided.

Bates And Olmstead: Court-Initiated Strategies To Implement Community Inclusion Of Persons With Psychiatric And Other Long-Term Disabilities, Theresa A. Laurie

Maine Policy Review

In this commentary, Theresa Laurie discusses the impact of the Bates and Olmstead court decisions regarding the rights of the disabled, and their applicability to people with psychiatric and other long-term disabilities. She notes that Maine will have to make policy adjustments in order to redefine program objectives based on these court decisions.

Employment Law: Reasonable Accomodation Under The Americans With Disabilities Act Vs. Employee Seniority Rights: Understanding The Real Conflict In U.S. Airways V. Barnett, Blake Sonne

Oklahoma Law Review

No abstract provided.