Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 16 of 16
Full-Text Articles in Law
Qualified Does Not Mean Over Qualified: The Ada’S Accommodation Of Last Resort Should Not Be A Competition!, Dana Ortiz-Tulla
Qualified Does Not Mean Over Qualified: The Ada’S Accommodation Of Last Resort Should Not Be A Competition!, Dana Ortiz-Tulla
Touro Law Review
No abstract provided.
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
Touro Law Review
No abstract provided.
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Laura Rothstein
No abstract provided.
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
Touro Law Review
No abstract provided.
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 …
Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon
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 doctor …
Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson
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 …
Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman
Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman
Cleveland State Law Review
The right to reasonable accommodations under the Americans with Disabilities Act includes leave that will enable an employee with a disability to return to work rather than being discharged. This right may seem unreasonable for an employer needing employees to be at work to be productive, raising the question of when leave as an accommodation becomes unreasonable or imposes an undue hardship on an employer. In the absence of specific guidance from the Supreme Court, the circuit courts apply a variety of approaches, ranging from individualized analysis to determinations that any leave exceeding some number of weeks is unreasonable. In …
Lessons From Martin: The Ada And Athletics Don't Mix, Thomas E. Green
Lessons From Martin: The Ada And Athletics Don't Mix, Thomas E. Green
Journal of Law and Health
Martin is a professional golfer in his twenties who is stricken by Klippel-Trenaunay-Weber Syndrome. This disability makes it medically impossible for him to play golf without the use of a golf cart. Martin sued the PGA Tour in 1997 after his request to use a golf cart in a tour event was denied. The U.S. Supreme Court affirmed the Ninth Circuit's ruling allowing Martin to use a golf cart for PGA events. In another case, after initially allowing the golfer, Olinger, to compete in the qualifying rounds, the District Court, and subsequently the Court of Appeals for the Seventh Circuit, …
Bragdon V. Abbott, Asymptomatic Genetic Conditions, And Antidiscrimination Law: A Conservative Perspective , Roger Clegg
Bragdon V. Abbott, Asymptomatic Genetic Conditions, And Antidiscrimination Law: A Conservative Perspective , Roger Clegg
Journal of Health Care Law and Policy
No abstract provided.
Olmstead V. Zimring, Unnecessary Institutionalization Constitutes Discrimination Under The Americans With Disabilities Act, Shoshana Fishman
Olmstead V. Zimring, Unnecessary Institutionalization Constitutes Discrimination Under The Americans With Disabilities Act, Shoshana Fishman
Journal of Health Care Law and Policy
No abstract provided.
Cleveland V. Policy Management Systems Corporation: Triumph For The Working Disabled Or Hollow Procedural Device?, Sarah N. Otwell
Cleveland V. Policy Management Systems Corporation: Triumph For The Working Disabled Or Hollow Procedural Device?, Sarah N. Otwell
Journal of Health Care Law and Policy
No abstract provided.
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Journal of Health Care Law and Policy
No abstract provided.
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Journal of Health Care Law and Policy
No abstract provided.
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
Journal of Health Care Law and Policy
No abstract provided.
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Journal of Health Care Law and Policy
No abstract provided.