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Health Law and Policy

Journal

2019

ADA

Articles 1 - 5 of 5

Full-Text Articles in Law

Painfully Prescribed: Could Taking Opioids As Legal Treatment Result In Discrimination Uncovered By The Ada?, Rachael Elyse Palmer Dec 2019

Painfully Prescribed: Could Taking Opioids As Legal Treatment Result In Discrimination Uncovered By The Ada?, Rachael Elyse Palmer

Saint Louis University Journal of Health Law & Policy

Amended in 2008, the Americans with Disabilities Act (ADA), with its sole mission to protect individuals with disabilities, is still gaping with holes in coverage due to recent court interpretations. One such interpretation is the lack of protection for patients being treated with legally prescribed medications. With widespread misconceptions about opioid use and its effects, employers take adverse action upon their employees seeking necessary treatment. This paper will discuss the harmful consequences of courts narrowly interpreting the ADA against coverage of these patients, as well as the potential revitalization of the ADA’s mission in pending actions.


Could We Pass The Ada Today?: Disability Rights In An Age Of Partisan Polarization, Michael Waterstone Jan 2019

Could We Pass The Ada Today?: Disability Rights In An Age Of Partisan Polarization, Michael Waterstone

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Could We Pass The Ada Today? Disability Rights In An Age Of Partisan Polarization, Tony Coelho Jan 2019

Could We Pass The Ada Today? Disability Rights In An Age Of Partisan Polarization, Tony Coelho

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Medical Marijuana And The Ada: Following The Path Blazed By State Courts To Extend Protection, Stephen M. Scannell Jan 2019

Medical Marijuana And The Ada: Following The Path Blazed By State Courts To Extend Protection, Stephen M. Scannell

Saint Louis University Journal of Health Law & Policy

Thirty-three states across the country have legalized the use of medical marijuana for disabled individuals. Nevertheless, medical marijuana’s status in the workplace still faces significant uncertainty, because the current understanding of the Americans with Disabilities Act (ADA) categorizes medical marijuana use as an “illegal use of drugs.” Thus, the ADA provides no protection for disabled employees seeking to treat their condition with medical marijuana. In recent years, courts deciding cases involving state medical marijuana and anti-discrimination statutes have brought a more patient-centered and pragmatic approach to the issue. These courts have offered an interpretation of the “illegal use of drugs” …


Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein Jan 2019

Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein

Saint Louis University Journal of Health Law & Policy

The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …