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Full-Text Articles in Disability Law
The Need For Parity In Health Insurance Benefits For The Mentally And Physically Disabled: Questioning Inconsistency Between Two Leading Anti-Discrimination Laws, Sarah Ritz
Journal of Law and Health
Discriminatory practices by the insurance industry, such as benefit limits (caps) on mental health services coverage, or complete lack of mental health care coverage fuel the disparate treatment of those with mental disabilities. These discriminatory practices have been the subject of much debate, and cases challenging those principles have not fared well in the court system. These insurance practices, which single out persons with mental illness and provide them with little or no benefits for mental health care, violate the terms of the Americans with Disabilities Act ("ADA"), and are inconsistent with other laws that seek to remedy discrimination against …
The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner
The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner
Journal of Law and Health
The explosion in the number and severity of latex allergies began with the emergence of the AIDS epidemic as the Centers for Disease Control issued universal precautions advising health care workers to use protective barriers to prevent the spread of the infection. This resulted in constant use of the gloves by medical workers and a great increase in demand for cost effective gloves. Essentially, the quality of the glove making process decreased, increasing the amount of allergy inducing proteins excreted to wearers. Afflicted workers include physicians, nurses, dentists, dental hygienists, operating room personnel, laboratory technicians and ambulance attendants among others. …
The Applicability Of The Ada To Private Internet Web Sites, Carrie L. Kiedrowski
The Applicability Of The Ada To Private Internet Web Sites, Carrie L. Kiedrowski
Cleveland State Law Review
This article proposes that private commercial web sites are considered places of public accommodation; consequently, private Internet web sites must be accessible to people with disabilities under the Americans with Disabilities Act. Part I introduces the thesis of this article. Part II sets out the historical inception of the legal rights of accessibility for people with disabilities in public and private entities. Additionally, Part II describes recent federal actions mandating accessibility of government related web sites. Part III addresses the question of whether Internet web sites are considered places of public accommodation under the ADA, including an analysis of supporting …
Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer
Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer
Journal of Law and Health
Prior to the passage of the ADA in 1990, the term "individual with a handicap" had been clearly established under federal disability laws to include all people with HIV. Every reported decision under the Rehabilitation Act and the Fair Housing Amendment Act had determined that asymptomatic HIV was protected as a per se disability. Prior to 1997, only a few Courts had faced the issue of whether a plaintiff with asymptomatic HIV was disabled under the ADA. In 1997, the Fourth and First Circuit Courts of Appeal decided cases in direct conflict with one another, opening the door for the …
Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka
Journal of Law and Health
This article explores the ADA and the interpretive case law, as it pertains to schools and day care centers, in hopes of better understanding the purpose of the statute as well as to predict its future. Part II of this article provides a brie explanation of peanut allergies. Part III contains an overview of Title II and Title III of the ADA and their interpretive regulations. Part IV analyzes whether an individual asserting a Title II claim under the ADA, where the relief sought is also available under the Individual with Disabilities Education Act before asserting his or her ADA …
Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard
Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard
Journal of Law and Health
This Article explores the use of the ADA to challenge smoking policies and the fears and questions that such a use raises. We argue that a careful appreciation of the ADA's application to ETS-related claims should temper the worries of both those who see such claims as trivializing the ADA and those who worry that such claims may impose enormous burdens on American businesses. Rather, we suggest that the ADA in this instance, as in others, provides a limited but critical vehicle for ensuring that individuals with disabilities may fully participate in public life. We suggest further that the issues …
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin Mika, Denise Wimbiscus
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin Mika, Denise Wimbiscus
Journal of Law and Health
This article will discuss the standards of the ADA with respect to accommodating mental illness in the workplace. It will argue the ADA definitions are not precise enough to apprising employers of what are their obligations regarding mentally ill persons in the workplace. It will additionally make suggestions for revising the statute and regulations to achieve this goal. In reaching its conclusion, this article will discuss popular conceptions about mental illness, and the current statutory framework of the ADA. Representative case law will be considered within the context of these topics. The article will ultimately suggest that fairness to both …
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Journal of Law and Health
The Americans with Disabilities Act was enacted in 1990 as a comprehensive scheme in which previously discriminated against classes would be guaranteed fair treatment in employment as well as other settings. The Act protects those with both physical and mental disabilities. With respect to certification for the practice of law, the Act has almost unique significance as the accommodations the Act calls for arguably clash with state bar standards of competence both in legal education and mental fitness for certification. These clashes tend to stem from two major situations-accommodation of the learning disabled student who may not be able to …