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Mullin V. Ratheon Co.: The Threatened Vitality Of Disparate Impact Under The Adea, Miles F. Archer 2018 University of Maine School of Law

Mullin V. Ratheon Co.: The Threatened Vitality Of Disparate Impact Under The Adea, Miles F. Archer

Maine Law Review

Seven years after Congress enacted Title VII of the Civil Rights Act of 1964 (Title VII), and four years after the enactment of the Age Discrimination in Employment Act of 1967 (the ADEA), the Supreme Court, in Griggs v. Duke Power Co., enunciated the doctrine of disparate impact as a means of establishing liability under Title VII. Since that time, the doctrine has evolved considerably and its application and contours have been redefined by the Court as well as by Congress. Within this evolution there has been a debate among the courts and commentators as to whether the doctrine may ...


The Supreme Court Reverses The Equal Employment Opportunity Commission's Directive That Disability Determinations Should Be Made Without Regard To Mitigating Measures: Sutton V. United Airlines, Sara Gagne Holmes 2018 University of Maine School of Law

The Supreme Court Reverses The Equal Employment Opportunity Commission's Directive That Disability Determinations Should Be Made Without Regard To Mitigating Measures: Sutton V. United Airlines, Sara Gagne Holmes

Maine Law Review

In Sutton v. United Airlines, identical twin sisters with severe myopia, filed suit under Title I of the Americans with Disabilities Act (ADA) alleging that United Airlines (United) discriminated against them on the basis of a disability, or because United regarded them as having a disability. This case invited the United States Supreme Court to decide for the first time whether mitigating measures such as glasses, medication or prosthetics should be considered when determining if an impairment is an “actual disability” under the ADA, and what constitutes a proper allegation for being “regarded as” disabled under the ADA. In a ...


Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act, James C. Schwellenbach 2018 University of Maine School of Law

Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act, James C. Schwellenbach

Maine Law Review

With the passage of the Education for All Handicapped Children Act (EAHCA) of 1975, now titled the Individuals with Disabilities Education Act (IDEA or the Act), each child with a disability was guaranteed the right to a free and appropriate public education. It fell to the public schools to provide that free and appropriate education to students with disabilities, many of whom had been denied access to public schools prior to that time. It was inevitable that parents would disagree with their local school district, or the state educational agency, as to whether their child was being provided the kind ...


The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs 2018 University of Windsor, Faculty of Law

The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs

Laverne Jacobs

Transportation is the lifeline that connects persons with disabilities with the community, facilitating greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities. Yet, there is a dearth of sustained research on the law and society implications of transportation inequality for persons with disabilities. This paper contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of all the human rights tribunal decisions on disability discrimination and transportation in Canada. The article studies all the statutory human rights decisions on disability ...


Sb 201 - Sick Leave, Mary Elizabeth D. Steinhaus, Chadwick L. Williams 2018 Georgia State University College of Law

Sb 201 - Sick Leave, Mary Elizabeth D. Steinhaus, Chadwick L. Williams

Georgia State University Law Review

The Act amends Georgia’s general provisions relating to labor and industrial relations by adding a new provision that requires qualifying employers to allow their employees to use sick leave to care for immediate family members.


Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy 2018 University of Maryland School of Law

Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, Johanna F. Roberts 2018 University of Oklahoma College of Law

No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, Johanna F. Roberts

Oklahoma Law Review

No abstract provided.


Research To Practice: Lessons Learned From The Learning Academy: Optimizing Transition Supports For Young Adults With Autism, John Shepard, Jaimie Ciulla Timmons, Agnieszka Zalewska, ThinkWork! at the Institute for Community Inclusion at UMass Boston 2018 University of Massachusetts Boston

Research To Practice: Lessons Learned From The Learning Academy: Optimizing Transition Supports For Young Adults With Autism, John Shepard, Jaimie Ciulla Timmons, Agnieszka Zalewska, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Research to Practice Series, Institute for Community Inclusion

The Learning Academy (TLA) at the University of South Florida is a 30-week transition program for individuals with autism spectrum disorder (ASD) between the ages of 18 and 25. The program provides services, supports, and experiential opportunities, with the aim of enhancing skills that will prepare students to succeed in the workplace and postsecondary education settings. The Institute for Community Inclusion (ICI) at the University for Massachusetts Boston conducted a one-year evaluation of TLA to explore its essential programmatic elements, and the ways in which the experience influenced student transformation. The evaluation included a thorough observation of program structure, curriculum ...


Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard 2017 Temple University

Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard

Cleveland State Law Review

Depression is a common sequela of head trauma. Approximately half of all individuals with a cranial injury will experience depression within the first year, regardless of the severity of the injury. The ailment is characterized clinically as a mood disorder, often associated with intense feelings of sadness. However, depression is more complex than mood disorders, as many mental and bodily complaints—such as insomnia, fatigue, anxiety, appetite changes, aches and pains, and lack of interest in previously enjoyable activities—are associated with depression. These intense feelings, particularly when combined with despair and hopelessness, can lead to suicide, a dreaded potential ...


Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum 2017 University of Maine School of Law

Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum

Maine Law Review

The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are ...


Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand 2017 University of Maine School of Law

Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand

Maine Law Review

On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the ...


Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon 2017 University of Maine School of Law

Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon

Maine Law Review

Anne, a surgical technician at a local hospital, recently learned that she was HIV-positive. She works in the emergency room and, as a part of her job, she hands surgical instruments to doctors performing emergency surgery. It is a fast paced and unpredictable environment. Her hands often come in contact with sharp instruments. Although Anne has never put her hands into a patient's body cavity, there is a remote possibility that she may need to do so in the future. There is always a possibility, however small, that she will cut herself and come into blood-to-blood contact with a ...


Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos 2017 University of Michigan Law School

Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos

Articles

The 2016 election has had significant consequences for American social welfare policy. Some of these consequences are direct. By giving unified control of the federal government to the Republican Party for the first time in a decade, the election has potentially empowered conservatives to ram through a bill to repeal the Affordable Care Act—the landmark “Obamacare” law that marked the most significant expansion of the social welfare state since the 1960s. Other consequences are more indirect. Both the election result itself, and Republicans’ actions since, have spurred a renewed debate within the left-liberal coalition regarding the politics of social ...


Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos 2017 University of Michigan Law School

Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos

Book Chapters

One of the most longstanding debates in educational policy pits the goal of equality against the goal of adequacy: Should we aim to guarantee that all children receive an equal education? Or simply that they all receive an adequate education? The debate is vexing in part because there are many ways to specify “equality” and “adequacy.” Are we talking about equality of inputs (which inputs?), equality of opportunity (to achieve what?), or equality of results (which results?)? Douglas Rae and his colleagues famously argued that there are no fewer than 108 structurally distinct conceptions of equality. And how do we ...


Human Rights And Disability, Lowell Ewert 2017 University of Waterloo

Human Rights And Disability, Lowell Ewert

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In every context where racism, poverty, inequality, religious intolerance, or any other form of exploitation is present, persons with disabilities within the category experiencing discrimination are almost always worse off than their non-disabled peers. In this way, disability has the practical impact of magnifying discrimination and multiplying harmful practices. There is even evidence in some places that persons with disabilities have been deliberately targeted with violence. Additionally, sexual violence against disabled women and girls can be especially cruel.

Efforts to combat discriminatory practices that are primarily focused on addressing the concerns of the able-bodied often further exacerbate the general indifference ...


Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson 2017 University of Maine School of Law

Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson

Maine Law Review

In Whitney v. Wal-Mart Stores, Inc., the Maine Supreme Judicial Court, sitting as the Law Court, was asked to determine whether the Maine Human Rights Act (MHRA) requires plaintiffs alleging disability discrimination to show that their condition substantially limits one or more major life activities. In determining that the MHRA does not require such a showing, the court effectively established that the MHRA was intended to protect a much broader range of medical conditions than its federal counterparts, the Rehabilitation Act of 1973 (Rehabilitation Act) and the Americans with Disabilities Act of 1990 (ADA). In so doing, the Whitney court ...


Prisoners With Disabilities, Margo Schlanger 2017 University of Michigan Law School

Prisoners With Disabilities, Margo Schlanger

Book Chapters

A majority of American prisoners have at least one disability. So how jails and prisons deal with those prisoners’ needs is central to institutional safety and humaneness, and to reentry success or failure. In this chapter, I explain what current law requires of prison and jail officials, focusing on statutory and constitutional law mandating non-discrimination, accommodation, integration, and treatment. Jails and prisons have been very slow to learn the most general lesson of these strictures, which is that officials must individualize their assessment of and response to prisoners with disabilities. In addition, I look past current law to additional policies ...


The Americans With Disabilities Act, Section 504, And Church-Related Institutions, John A. Liekweg 2017 St. John's University School of Law

The Americans With Disabilities Act, Section 504, And Church-Related Institutions, John A. Liekweg

The Catholic Lawyer

No abstract provided.


Disabilities Discrimination Under The Americans With Disabilities Act, Thomas P. Murphy 2017 St. John's University School of Law

Disabilities Discrimination Under The Americans With Disabilities Act, Thomas P. Murphy

The Catholic Lawyer

No abstract provided.


The Ties That Bind Idiots And Infamous Criminals: Disenfranchisement Of Persons With Cognitive Impairments, Elizabeth R. Schiltz 2017 University of St. Thomas School of Law

The Ties That Bind Idiots And Infamous Criminals: Disenfranchisement Of Persons With Cognitive Impairments, Elizabeth R. Schiltz

University of St. Thomas Law Journal

No abstract provided.


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