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Articles 1 - 5 of 5
Full-Text Articles in Law
Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes
Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes
University of Michigan Journal of Law Reform
This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older …
Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson
Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David Engel, Frank W. Munger
Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David Engel, Frank W. Munger
Articles & Chapters
This article examines how the employment rights guaranteed by the Americans
with Disabilities Act (ADA) affect the careers of individuals with disabilities. The
article draws on in-depth interviews with sixty adults who provided extended life
story narratives, describing early family and educational experiences and later
experiences with employment. Their detailed accounts offer insights into the
sometimes subtle role rights play in peoples lives and careers. Relatively few
rights violations actually lead to explicit or formal invocations of the law. The
effect of the ADA on careers can be profound but is primarily indirect or
symbolic. Moreover, other factors affect the …
To Allow To Sue, Or Not To Allow To Sue: Zimmerman V. Oregon Department Of Justice Decides Title Ii Of The Americans With Disabilities Act Does Not Apply To Employment Discrimination, Cabrelle Abel
Seattle University Law Review
The article analyzes Title II and explains why, in the interests of judicial economy, the Zimmerman court correctly held that Title II does not apply to employment discrimination. First, the article discusses the particular wording of the ADA, specifically comparing the language of Title I to the language of Title II. Next, the article briefly considers the Rehabilitation Act of 1973, because Title II should be interpreted consistently with that Act. Then, using the analysis announced by the Supreme Court in Chevron v. Natural Resources Defense Council, Inc. the article examines the Title II regulations promulgated by the Department of …
Employers Beware: The Ninth Circuit's Rejection Of The "Direct Threat To Self" Disability Discrimination Defense In Echazabal V. Chevron, Sheehan Sullivan
Employers Beware: The Ninth Circuit's Rejection Of The "Direct Threat To Self" Disability Discrimination Defense In Echazabal V. Chevron, Sheehan Sullivan
Seattle University Law Review
This Note will address whether the Ninth Circuit should have upheld the "direct threat to self" defense in Echazabal v. Chevron. First, the Note will introduce the "direct threat to self" debate in the context of the ADA's language, the EEOC-outlined regulatory provisions, and the case law surrounding the direct threat question. Specifically, the Note will address (1) the relationship between the ADA and the EEOC, (2) the compatiblity of the ADA with the Rehabilitation Act of 1973, and (3) the case law applying the EEOC regulations, the ADA provisions, and the Rehabilitation Act provisions. Next, the Note will …