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Articles 1 - 4 of 4
Full-Text Articles in Law
The Chevron Two-Step And The Toyota Sidestep: Dancing Around The Eeoc's Disability Regulations Under The Ada, Lisa A. Eichhorn
The Chevron Two-Step And The Toyota Sidestep: Dancing Around The Eeoc's Disability Regulations Under The Ada, Lisa A. Eichhorn
Faculty Publications
The definition of "disability" is among the most frequently litigated issues under the Americans with Disabilities Act ("ADA") because the statute protects only individuals with disabilities. The ADA defines a disability, in part, as an impairment that substantially limits a major life activity, and the EEOC has issued a regulation further defining the term "substantially limits" for purposes of the Act's employment-related provisions. Although the EEOC's regulation is the product of a valid rulemaking process and is entitled to a high degree of deference under settled administrative law principles, the Supreme Court, in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, …
Generalizing Disability, Michael Ashley Stein
Generalizing Disability, Michael Ashley Stein
Faculty Publications
No abstract provided.
Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein
Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein
Faculty Publications
The Americans with Disabilities Act (ADA) was heralded as an "emancipation proclamation" for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from earlier antidiscrimination measures, most notably Title VII, because providing accommodations results in something more than equality for the disabled. The Article challenges this prevalent belief by arguing that ADA-mandated accommodations are consistent with other antidiscrimination measures in that each remedies exclusion from employment opportunity by questioning the inherency of established workplace norms, and by …
Under The Empirical Radar: An Initial Expressive Law Analysis Of The Ada, Michael Ashley Stein
Under The Empirical Radar: An Initial Expressive Law Analysis Of The Ada, Michael Ashley Stein
Faculty Publications
No abstract provided.