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Articles 1 - 16 of 16
Full-Text Articles in Law
Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter
Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter
Touro Law Review
No abstract provided.
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
University of Richmond Law Review
No abstract provided.
The Part And Parcel Of Impairment Discrimination, Michelle Travis
The Part And Parcel Of Impairment Discrimination, Michelle Travis
Michelle A. Travis
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) has been heralded for restoring the protected class of individuals with disabilities to the broad scope that Congress intended when it enacted the original Americans with Disabilities Act over two decades ago. But the ADAAA accomplished something even more profound. By restricting the accommodation mandate only to individuals whose impairments are or have been substantially limiting, and by expanding basic antidiscrimination protection to cover individuals with nearly all forms of physical or mental impairment, the ADAAA extricated disability from the broader concept of impairment and implicitly bestowed upon impairment the …
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Pepperdine Law Review
No abstract provided.
Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis
Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis
Georgia Law Review
This Article analyzes the fundamental change to federal
civil rights law that Congress accomplished through the
ADA Amendments Act of 2008 (the ADAAA). Congress
enacted the ADAAA in response to a series of United States
Supreme Court opinions that had narrowly interpreted the
definition of disability in the Americans with Disabilities
Act of 1990. Although many commentators have
recognized the ADAAA's intent to restore the class of
individuals with disabilities to the breadth that Congress
originally intended, this Article argues that the ADAAA
accomplished something more significant: it extricated
disability from the broader concept of impairment. As a
result, the …
Impairment As Protected Status: A New Universality For Disability Rights, Michelle Travis
Impairment As Protected Status: A New Universality For Disability Rights, Michelle Travis
Michelle A. Travis
This Article analyzes the fundamental change to federal civil rights law that Congress accomplished through the ADA Amendments Act of 2008 (the "ADAAA"). Congress enacted the ADAAA in response to a series of United States Supreme Court opinions that had narrowly interpreted the definition of disability in the Americans with Disabilities Act of 1990. Although many commentators have recognized the ADAAA's intent to restore the class of individuals with disabilities to the breadth that Congress originally intended, this Article argues that the ADAAA accomplished something more significant: it extricated disability from the broader concept of impairment. As a result, the …
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
Journal Articles
What is disability - a biological or social condition? In the conventional equality frameworks, the division between biology and social identity puts disability at the bottom of the formal equality hierarchy, but at the top of the substantive equality hierarchy. Compared with race and then gender, disability deserves the least protection against formal discrimination, on the theory that disadvantages are based on real and relevant functional differences more than on suspect social judgments. But turning to substantive equality, disability’s supposed greater biological basis justifies affirmative accommodation of difference, compared to the social differences of race, with gender in the middle …
Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter
Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter
Susanne Bruyère
This brochure is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. Cornell University was funded in the early 1990’s by the U.S. Department of Education National Institute on Disability and Rehabilitation Research as a National Materials Development Project on the employment provisions (Title I) of the ADA (Grant #H133D10155). These updates, and the development of new brochures, have been funded by Cornell’s Program on Employment and Disability, the …
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Susanne Bruyère
In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of Executive …
Working Effectively With People With Attention Deficit/ Hyperactivity Disorder, Eve W. Tominey, Matthew Tominey, Susanne M. Bruyere
Working Effectively With People With Attention Deficit/ Hyperactivity Disorder, Eve W. Tominey, Matthew Tominey, Susanne M. Bruyere
Susanne Bruyère
This brochure on People with Attention Deficit/Hyperactivity Disorder and the Americans with Disabilities Act (ADA) is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. Cornell University was funded in the early 1990’s by the U.S. Department of Education National Institute on Disability and Rehabilitation Research as a National Materials Development Project on the employment provisions (Title I) of the ADA (Grant #H133D10155). These updates, and the development of …
Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter
Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter
Susanne Bruyère
This brochure is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. Cornell University was funded in the early 1990’s by the U.S. Department of Education National Institute on Disability and Rehabilitation Research as a National Materials Development Project on the employment provisions (Title I) of the ADA (Grant #H133D10155). These updates, and the development of new brochures, have been funded by Cornell’s Program on Employment and Disability, the …
Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer
Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer
Journal of Law and Health
Prior to the passage of the ADA in 1990, the term "individual with a handicap" had been clearly established under federal disability laws to include all people with HIV. Every reported decision under the Rehabilitation Act and the Fair Housing Amendment Act had determined that asymptomatic HIV was protected as a per se disability. Prior to 1997, only a few Courts had faced the issue of whether a plaintiff with asymptomatic HIV was disabled under the ADA. In 1997, the Fourth and First Circuit Courts of Appeal decided cases in direct conflict with one another, opening the door for the …
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
The Scholar: St. Mary's Law Review on Race and Social Justice
The Sutton v. United Airlines decision went too far in the Supreme Court’s effort to scale back the protections of the Americans with Disabilities Act (ADA). Congress should review the Sutton decision and amend the ADA to consider disabilities as they exist without regard to mitigating measures based on the severity of the illness. To seek protection under the ADA, one must have a discernable disability, and one’s impairment must be diagnosed and disclosed to the employer. Disability, however, was not specifically defined in the ADA, and no agency or regulation has specifically defined disability for the courts to utilize …
The Disability Kaleidoscope, Mary Crossley
The Disability Kaleidoscope, Mary Crossley
Articles
The question of whom our society truly wants to protect from adverse discrimination based on bodily difference is ultimately a question for the body politic. The aim of this article, by contrast, is to use the analytical tools provided by scholars in the field of disability studies to scrutinize how lawmakers to date have understood the concept of impairment as one form of bodily difference. By viewing administrative and judicial treatments of impairment through a disability studies lens, I have sought to give the disability kaleidoscope a turn and thus to provide the reader with an altered view of impairment …
Administrative Law—Social Security Disability Benefits—Adoption Of Medical-Vocational Guidelines Within Statutory Authority, H. Mayo Smith
Administrative Law—Social Security Disability Benefits—Adoption Of Medical-Vocational Guidelines Within Statutory Authority, H. Mayo Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review
Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review
Michigan Law Review
In 1956, the Social Security Act was amended to provide monthly disability insurance benefits to qualifying individuals under a uniform national program administered by the Secretary of Health, Education, and Welfare. Under this program, a claimant is entitled to disability benefits if he is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to be of long continued and indefinite duration." This definition and its accompanying statutory standards were purposely made conservative in order to minimize the problems inherent in initiating the program; it was contemplated that …