Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
The Case Against Private Disparate Impact Suits, Thom Lambert
The Case Against Private Disparate Impact Suits, Thom Lambert
Faculty Publications
This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.
Deserving Disabilities: Why The Definition Under The Americans With Disabilities Act Should Be Revised To Eliminate The Substantial Limitation Requirement, Cheryl L. Anderson
Deserving Disabilities: Why The Definition Under The Americans With Disabilities Act Should Be Revised To Eliminate The Substantial Limitation Requirement, Cheryl L. Anderson
Missouri Law Review
A commentator on a public radio program recently spoke in favor of the Americans with Disabilities Act ("ADA") by asserting that "[t]he blind, deaf, and crippled really do deserve our help."' Although this commentator purported to support the ADA, his actual message was that the definition of "disability" in the Act is excessively vague and allows individuals not "deserving" of legal protection, such as persons with back impairments and mental impairments, to, in his words, "[hitch] a ride on the disability bandwagon."2 His argument that the ADA should reach only the claims of "deserving" individuals with disabilities has had powerful …