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Saint Louis University School of Law

2002

Discrimination

Articles 1 - 2 of 2

Full-Text Articles in Law

Lofton V. Kearney: Discrimination Declared Constitutional In Florida, Carolyn S. Grigsby Jan 2002

Lofton V. Kearney: Discrimination Declared Constitutional In Florida, Carolyn S. Grigsby

Saint Louis University Public Law Review

No abstract provided.


Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo Jan 2002

Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo

All Faculty Scholarship

Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the Americans with Disabilities Act of 1990 (the 'ADA'). Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost-avoidance.

One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over …