Labor and Employment Law Commons^™

Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor

The Institute Brief Series, Institute for Community Inclusion

Effective supervision of employees with intellectual or developmental disabilities can be challenging for businesses that may not have experience in hiring people with diverse support requirements. This is largely due to the relatively low participation rates of people with disabilities in the workforce. This is, thankfully, changing as more businesses are seeing the value of diversifying their workforce, which includes hiring people with diverse cognitive abilities like people with intellectual or developmental disabilities.

Case Studies Of Emerging/Innovative Vocational Rehabilitation Agency Practices In Improving Employment Outcomes For Individuals With Intellectual/Developmental Disabilities, Robert Burns, Kelly Haines, Elizabeth Porter, Heike Boeltzig-Brown, Susan Foley

All Institute for Community Inclusion Publications

The Vocational Rehabilitation Research and Training Center (VR-RRTC.org) based at the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston partnered with national content experts to identify promising VR employment practices serving people with intellectual and/or developmental disabilities (IDD). The National Institute on Disability and Rehabilitation Research (NIDRR), the funding agency,requested an emphasis on identifying promising practices for people with mental illnesses and peoplewith intellectual disabilities/developmental disabilities, and to identify promising practices related to order of selection and the designation of most significant disability. This report provides a summary of four promising VR employment practices for persons with …

Vocational Rehabilitation Agencies Helping People With Psychiatric Disabilities Get Employed: How Far Have We Come? How Far Do We Have To Go?: Case Studies Of Promising Practices In Vocational Rehabilitation, Joseph Marrone, Mary Lynn Cala, Kelly Haines, Heike Boeltzig-Brown, Susan Foley

All Institute for Community Inclusion Publications

The final set of eight promising practices out of the 58 nominated practices are summarized here and then described inmore detail in the appendix. Each descriptive write up can be used independently and provides sufficient detail for review. A note from the VR RRTC Team: These are descriptions of practices in one snapshot of time. We acknowledge that by thetime we are able to produce asummary report, practices may have evolved or modified, and new practices may have emerged. For more specific details or up to date descriptions we advise going to the source, the state VR agencies, directly. We …

The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp

All Faculty Scholarship

The United States has a strong tradition of state regulation that stretches back to the Commonwealth ideal of Revolutionary times and grew steadily throughout the nineteenth century. But regulation also had more than its share of critics. A core principle of Jacksonian democracy was that too much regulation was for the benefit of special interests, mainly wealthier and propertied classes. The ratification of the Fourteenth Amendment after the Civil War provided the lever that laissez faire legal writers used to make a more coherent Constitutional case against increasing regulation. How much they actually succeeded has always been subject to dispute. …

Health Insurance, Employment, And The Human Genome: Genetic Discrimination And Biobanks In The United States, Eric A. Feldman, Chelsea Darnell

All Faculty Scholarship

Does genetic information warrant special legal protection, and if so how should it be protected? This essay examines the most recent (and indeed only) significant effort by the US government to prohibit genetic discrimination, the Genetic Information Nondiscrimination Act (GINA). We argue that the legislation is unlikely to have the positive impact sought by advocates of genetic privacy and proponents of biobanks. In part, GINA disappoints because it does too little. Hailed by its promoters as “the first civil rights act of the 21^st century,” GINA’s reach is in fact quite modest and its grasp even more so. But …

An Optimist's Take On The Decline Of Small-Employer Health Insurance, Allison K. Hoffman

All Faculty Scholarship

In their Article, Saving Small-Employer Health Insurance, Amy Monahan and Dan Schwarcz contend that the Patient Protection and Affordable Care Act (“ACA”) could be the death of small-group health insurance by incentivizing many small employers not to offer coverage. While their prediction that the ACA, after implemented, will destabilize the small-group insurance market may prove true, I argue why their prescription that it should be saved is flawed and why we may be better off without small group insurance.

Managerial Judging And Substantive Law, Tobias Barrington Wolff

All Faculty Scholarship

The figure of the proactive jurist, involved in case management from the outset of the litigation and attentive throughout the proceedings to the impact of her decisions on settlement dynamics -- a managerial judge -- has displaced the passive umpire as the dominant paradigm in the federal district courts. Thus far, discussions of managerial judging have focused primarily upon values endogenous to the practice of judging. Procedural scholarship has paid little attention to the impact of the underlying substantive law on the parameters and conduct of complex proceedings.

In this Article, I examine the interface between substantive law and managerial …

Partnerships In Employment: Benchmarking Toolkit, Jean Winsor, Alberto Migliore

All Institute for Community Inclusion Publications

Policy shifts over the past 20 years have created an agenda that calls for a sustained commitment to integrated employment for individuals with disabilities. But despite these clear intentions, unemployment of individuals with disabilities continues to be a major public policy issue.

For people with intellectual and developmental disabilities (IDD), the disparity in labor market participation grows. Data suggest only 14.7% of individuals who receive supports from state IDD agencies work in either individual or group integrated employment, and 19% of individuals who receive day services from a state IDD agency participate in a service designed to support integrated employment …