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Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

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Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Scholarly Works

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …

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Leveling The Playing Field Or Stacking The Deck? The "Unfair Advantage" Critique Of Perceived Disability Claims, Michelle A. Travis

Michelle A. Travis

In Title I of the Americans with Disabilities Act of 1990 (ADA), Congress recognized that the fears, misperceptions, and stereotypes about disabled individuals are so pervasive that employment discrimination reaches beyond those who actually possess substantially limiting impairments. Accordingly, the ADA protects not only employees with actual disabilities, but also those nondisabled employees who mistakenly are regarded as disabled by their employers. This Article analyzes to what extent those with perceived disabilities should receive the same substantive safeguards as those who are actually disabled. Specifically, the Article argues that applying the traditional forms of the ADA's reasonable accommodations and essential …