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Articles 181 - 189 of 189

Full-Text Articles in Disability Law

The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon Jan 1993

The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon

Journal of Law and Health

Title II of the ADA, which most closely resembles section 504 of the Rehabilitation Act of 1973, requires that state and local government facilities, including courts, be accessible to individuals with disabilities. Title III of the Act requires that public accommodations be accessible to persons with disabilities. The Act specifically includes attorney's offices in its definition of public accommodation. Title II and III of the Act require that reasonable accommodations be provided to qualified persons with disabilities, unless such provision would fundamentally alter the goods, services or programs provided. Reasonable accommodations can take the form of auxiliary aids and services, …

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Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley Jan 1993

Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley

Articles

Evidence of physician attitudes favoring the withholding of needed medical treatment from infants infected with HIV compels a reassessment of the applicability and adequacy of existing law in dealing with selective nontreatment. Although we can hope to have learned some lessons from the Baby Doe controversy of the mid-1980s, whether the legislation emerging from that controversy, the Child Abuse Amendments of 1984, has ever adequately dealt with the problem of nontreatment remains far from clear. Today, the medical and social characteristics of most infants infected with HIV introduce new variables into our assessment of that legislation. At stake are the …

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The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin Jan 1993

The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In this paper the author reviews the constitutional history of the courts' attempts to check the powers of the public health department. He demonstrates how ineffective and inconsistent constitutional review has been, and suggests that adequate review criteria have not emerged. The author shows that, whether the courts are applying First, Fourth, or Fourteenth Amendment standards, ultimately they are highly deferential to public health officials. Then he carefully examines the key concepts in the Americans with Disabilities Act (ADA) as they apply to communicable disease. He reveals Congress' clear intention to include communicable disease, even asymptomatic infection, as a disability. …

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The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny Jan 1993

The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.

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The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman Jan 1993

The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman

Journal of Law and Health

There are essentially three different theories that are used to prove discrimination against people with disabilities: disparate treatment- that a person has been treated differently because of membership in a protected class - may be proved by direct evidence of discrimination or by inference. Today, employers are often open about discriminating against people with disabilities. They frequently know little about disabilities and make their decisions based on stereotypes rather than on individualized assessments. Further, medical examinations and inquiries are required by the ADA to be conducted after a job has been offered thereby enabling job applicants to determine that their …

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Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney Jan 1993

Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney

Journal of Law and Health

The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, public accommodations, transportation, communication, and services provided by state and local government. Title I of the ADA addresses employment discrimination against people with disabilities. Among other things, the ADA prohibits an employer from rejecting an applicant solely because of the need to provide that applicant with a reasonable accommodation. At the same time, the ADA requires that an employer maintain confidentiality about the applicant or employee's medical condition or medical history obtained during acceptable inquiries, including those inquiries needed to design appropriate accommodations.

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Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman Jan 1992

Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman

University of Richmond Law Review

The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …

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New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton Jan 1992

New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton

Cleveland State Law Review

The growth of civil rights for the disabled in recent years has focused on the problems of physical disabilities and removal of architectural barriers. Notable gains have been made in society's recognition of the rights and needs of such individuals through the American’s with Disabilities Act, but acknowledgement of the less obvious condition of psychiatric disability has lagged far behind. This is particularly true of individuals with mental illness, which constitutes probably the largest single group of disabled individuals, and one of the least vocal. Because of negative social attitudes, individuals with mild disorders hesitate to call attention to their …

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Does Ohio Provide Autistic Children A Free Appropriate Public Education, Sheila M. Mccarthy Jan 1988

Does Ohio Provide Autistic Children A Free Appropriate Public Education, Sheila M. Mccarthy

Journal of Law and Health

Autistic children are handicapped children within the meaning of the EAHCS, therefore, they are entitled to receive "free appropriate public education." This Note will discuss whether Ohio currently provides autistic children a "free appropriate public education" in accordance with the EAHCA. Ohio's parallel statute, the State Education of Handicapped Act (State Act), is compared to similar legislation currently existing in various other states throughout the United States. Areas in the State Act needing clarification are scrutinized and stutory revisions are recommended. This Note concludes that Ohio should adopt additional safeguards to ensure that autistic children receive a "free appropriate public …

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