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Disability Law Commons

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Employment discrimination

Cleveland State University

Articles 1 - 4 of 4

Full-Text Articles in Disability Law

Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman Jan 1993

Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman

Journal of Law and Health

This article discusses the potential impact that Title I has on the lives of individuals with mental disabilities and methods by which it can be most effectively implemented and enforced. The following section discusses the potential impact that Title I can have on the lives of the mentally disabled, specifically in the areas of independent living and quality of life. Part III will examine problems enforcing Title I which interfere with the ability of the mentally disabled to fully benefit from the statute. The second half of this article discusses how to best implement and enforce Title I from a …


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 …


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.


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 …