Law Commons^™

Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley

Research to Practice Series, Institute for Community Inclusion

This brief analyzes data from ICI's National Survey of State Systems and Employment for People with Disabilities regarding the priority Medicaid agencies place on employment and their involvement in recent policy initiatives.

Labor Force Participation And Income Of Individuals With Disabilities In Sheltered And Competitive Employment: Cross-Sectional And Longitudinal Analyses Of Seven States During The 1980s And 1990s, Peter Blanck, Helen A. Schartz, Kevin M. Schartz

William & Mary Law Review

The purpose of this investigation was to examine the labor force participation and wages of individuals with disabilities who have transitioned from facility-based (i.e., sheltered) work to employment in integrated and competitive settings. The investigators had access to data from seven states on the labor force participation and wages of more than 3000 individuals with disabilities who have moved from institutional to community placements over the past two decades.

Among the findings: the majority of individuals in these geographically diverse samples were unemployed over time; sheltered employment prepared some individuals for entry into employment in integrated settings and resulted in …

Identity And Disability In The Workplace, Susanne M. Bruyere, William A. Erickson, Joshua T. Ferrentino

William & Mary Law Review

No abstract provided.

Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa A. Eichhorn

Faculty Publications

Two federal circuits, borrowing from Title VII jurisprudence, recently recognized a cause of action for a disability-based hostile environment under the Americans with Disabilities Act (ADA). Neither opinion, however, considered how the analysis of a disability-based hostile environment claim under the ADA might differ from that of a race- or sex-based hostile environment claim under Title VII. This Article examines the differing theories of equality underlying the two statutes and argues that, because the statutes prohibit discrimination in fundamentally different ways, courts must resist the temptation to copy and paste Title VII doctrine into ADA hostile environment opinions. This Article …

The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor

Upjohn Press

The book begins with a documentation of the employment rate decline and ends by spelling out the implications of this decline for public policy. However, the bulk of the book provides a detailed examination of the various explanations for the puzzling decline in employment among the working-aged population with disabilities.

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

All Faculty Scholarship

In its recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act, and specifically the questions of who should be protected under the ADA, and what such protection requires. In the wake of the Court's decisions, workers have found it increasingly difficult to assert and protect their right to be free of disability-based discrimination in the workplace. Given the widespread influence of John Rawls in contemporary discussions of social, political and economic justice, his recent and final formulation of his theory of distributive justice presents a significant and promising philosophical foundation for evaluation of …