Law Commons^™

Tools For Inclusion: Getting The Most From The Public Vocational Rehabilitation System, Colleen Condon, Cecilia Gandolfo, Lora Brugnaro, Cindy Thomas, Pauline Donnelly

Tools for Inclusion Series, Institute for Community Inclusion

Every state has a vocational rehabilitation agency that is designed to help individuals with disabilities meet their employment goals. Vocational rehabilitation agencies assist individuals with disabilities to prepare for, get, keep, or regain employment. This publication answers questions frequently asked by individuals with disabilities. For consumers.

Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau

William & Mary Law Review

No abstract provided.

Institute Brief: Making Experiential Education Accessible For Students With Disabilities, Cynthia Zafft, Sara Sezun, Melanie Jordan

The Institute Brief Series, Institute for Community Inclusion

College students with disabilities enter with less work experience and have a harder time finding jobs than their nondisabled peers. Experiential education-- mentoring, internships, job shadowing, and so on-- can create a bridge to graduation and employment. However, that requires college professionals to consider access issues for all students. A new Institute Brief provides basic disability awareness information, suggests ways to create welcoming career offices, and offers ideas to increase access to experiential education.

Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday

Michigan Law Review

It is an open question whether the prohibition on employment discrimination in the Americans with Disabilities Act (ADA) protects plaintiffs who have not attempted to mitigate the effect of their disability on their ability to work. Suppose, for example, that a job applicant has severely impaired vision because of a corneal disease. He can have corneal transplant surgery that his doctors recommend and expect will allow him to see much more clearly, but he does not want to have the surgery because of the complications sometimes associated with the operation and the possibility that the surgery will not work. He …

Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber

Faculty Scholarship

States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …

Economic Engagement: An Avenue To Employment For Individuals With Disabilities, William Kiernan, John Halliday, Heike Boeltzig

All Institute for Community Inclusion Publications

The role that employment has played for persons with disabilities over the past several decades has moved from one of no engagement in the workforce to a realization that persons with disabilities can work and are interested in working. The shrinking workforce has increased employers' interest in looking at the full range of potential workers, including those previously considered unemployable. The growing economy—coupled with the declining birth rate, the increase in technology and supports for a diverse workforce, and the increasing expectation that all persons should be provided with the opportunity to work—has led to a new view of individuals …

Institute Brief: Taking The Mystery Out Of Customer Service, Heike Boeltzig, Lora Brugnaro, Cecilia Gandolfo, Amy Gelb, Karen Zimbrich, Lara Enein-Donovan, Cindy Tsui, Joy Gould

The Institute Brief Series, Institute for Community Inclusion

With the current emphasis on universal access to employment services for all members of the community, the workforce development field needs to evaluate service delivery. A "mystery shopper" program is one of many evaluation tools available to ensure continuous quality improvement and customer satisfaction. This technique allows organizations to collect data on the experiences of One-Stop Career Center customers from the customer perspective. The brief includes a sample shopper questionnaire.

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003, Report 2: Non-Work Services, Jennifer Sullivan Sulewski, Heike Boeltzig, Deborah Metzel, John Butterworth, Dana Scott Gilmore

Research to Practice Series, Institute for Community Inclusion

The second in a series exploring the services people with developmental disabilities receive from community rehabilitation providers (CRPs). Despite recent ideological emphasis on work, the majority of CRPs continued to offer non-work programs and a substantial proportion of the people they served were involved in those programs. Overall, the findings raise questions about CRP commitment to community integration.

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003, Report 1: Overview Of Services And Provider Characteristics, Deborah Metzel, Heike Boeltzig, John Butterworth, Dana Scott Gilmore

Research to Practice Series, Institute for Community Inclusion

Two briefs examine the services people with developmental disabilities receive from community rehabilitation providers (CRPs). Despite recent emphasis on work in the disability field, people with DD were predominantly in sheltered employment or non-work services. Of people with DD in integrated employment, the majority had individual competitive jobs. However, three group employment models had above-average percentages of individuals with DD.

Research To Practice: State Agency Systems Collaboration At The Local Level: Gluing The Puzzle Together, The Staff Perspective, Gabriella Santoro Rado, Doris Hamner, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Some states acknowledge the benefits of interagency collaboration but have trouble putting it into action. ICI researchers worked with local offices to help them improve the One-Stop Career Center network for people with disabilities. This brief gives an "in the trenches" view of tools that worked.

Reasonable Accommodation Under The Ada: Are Employers Required To Participate In The Interactive Process? The Courts Say "Yes" But The Law Says "No", John R. Autry

Chicago-Kent Law Review

The Americans with Disabilities Act ("ADA") generally requires employers to "reasonably accommodate" a "qualified" employee's disability. Unfortunately, the ADA is silent as to the appropriate method for fashioning reasonable accommodations. The Equal Employment Opportunity Commission ("EEOC") issued regulations endorsing an "interactive process" by which an employer and its "qualified" disabled employee work together to devise the proper accommodation. However, the Supreme Court has yet to determine whether courts must defer to these regulations, leaving the circuit courts of appeals to issue differing opinions on whether the EEOC's interactive process is best characterized as a requirement or merely a suggestion.

Thus, …

The Americans With Disabilities Act In Cyberspace: Annlving The "Nexus" Approach To Private Internet Websites, Richard E. Moberly

Mercer Law Review

In recent years, the increasing importance of the Internet has drawn attention to the exclusion of certain parts of society from participating fully in the advantages brought about by the Internet's technological advances. This "digital divide," as some have labeled it, particularly excludes some individuals with disabilities, such as those with visual, auditory, or muscular impairments, who are unable to access many features of today's Internet. Although private efforts encourage websites to adopt voluntary standards to make the Internet more accessible to these individuals, no clear governmental directive specifically aimed at privately-owned websites currently requires broad accessibility for the disabled. …

A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty

Brigham Young University Education and Law Journal

No abstract provided.

Massworks: Massachusetts Launches The Disability Program Navigator Initiative, Institute For Community Inclusion, University Of Massachusetts Boston

MassWorks Series, Institute for Community Inclusion

Welcome to MassWorks, our initiative for disability, workforce development, and employment professionals in Massachusetts. All too often, it seems, we work towards the same goals from different sides. With the many day-to day demands of our jobs, it's easy to miss opportunities to share ideas and resources across agencies. The aim of MassWorks is to bring information to workforce and disability professionals who have the goal of improving employment outcomes for Mass. residents with disabilities.

The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable

Maryland Law Review

No abstract provided.

Overcoming The Obstacles Of Garrett: An As Applied Saving Construction For The Ada's Title Ii, S. Elizabeth Malloy, Timothy J. Cahill

Faculty Articles and Other Publications

Recent Supreme Court cases regarding Congress's abrogation authority have seriously impaired Congress's ability to demonstrate a valid exercise of its Section 5 power under the Fourteenth Amendment to subject nonconsenting states to suit for money damages in federal court. During its 2003 term, the Supreme Court has again granted certiorari to a case involving the proper scope of Congress's section 5 power, Lane v. Tennessee. Lane involves a suit for money damages under Title II of the ADA based on the alleged failure of the State of Tennessee to make its courthouses accessible. Many commentators suggest that the Supreme Court …

Testing Applicants With Disabilities, Gregory M. Duhl, Stuart Duhl

Faculty Scholarship

All jurisdictions provide reasonableaccommodations for applicants with disabilities who are otherwise qualified to sit for the bar examination. The provision of accommodations is primarily a result of the comprehensive federal law known as the Americans with Disabilities Act (“the ADA”), passed by Congress in 1990 to prohibit discrimination against persons with disabilities. The ADA protects both applicants with physical disabilities and those with mental disabilities, and accommodations include not only additional testing time, longer and more frequent breaks between testing sessions, and private testing rooms, but also other auxiliary aids and services designed to enable effective communication to and from …

The Chevron Two-Step And The Toyota Sidestep: Dancing Around The Eeoc's Disability Regulations Under The Ada, Lisa A. Eichhorn

Faculty Publications

The definition of "disability" is among the most frequently litigated issues under the Americans with Disabilities Act ("ADA") because the statute protects only individuals with disabilities. The ADA defines a disability, in part, as an impairment that substantially limits a major life activity, and the EEOC has issued a regulation further defining the term "substantially limits" for purposes of the Act's employment-related provisions. Although the EEOC's regulation is the product of a valid rulemaking process and is entitled to a high degree of deference under settled administrative law principles, the Supreme Court, in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, …

Untangling Eligibility Requirements Under The Individuals With Disabilities In Education Act, Robert A. Garda Jr.

Robert A. Garda

Finding a child eligible for special education under the Individuals with Disabilities Education Act (IDEA) is one of the most important, if not the most important, decision that will be made in that child's life. Despite the importance of eligibility determinations the eligibility criteria of IDEA are intricately tangled and often misapplied by courts, hearing officers and inevitably parents and educators. The confusion surrounding eligibility standards leads to the disastrous results of both over-identification and under-identification of IDEA eligible children. This Article attempts to untangle the web of IDEA eligibility standards in order to determine who is entitled to its …

The Ada And Tennessee's Sovereign Immunity Crawl Into The Supreme Court, Mary E. O'Malley

Public Interest Law Reporter

No abstract provided.

Open And Closed: Captioning Technology As A Means To Equality, 23 J. Marshall J. Computer & Info. L. 159 (2004), Faye Kuo

UIC John Marshall Journal of Information Technology & Privacy Law

It is well known that going to the movies is an extremely popular pastime for the Americans. However for millions of Americans who are deaf or hard of hearing this is not something that they can enjoy in the same terms as the rest of the other movie goers since most movie theater operators consider that providing “equal access” to deaf or hard of hearing individuals consists only of allowing them to enter the theater, purchase and ticket and sit down not install captioning technology so that deaf or hard of hearing individuals could actually understand the movie shown. The …

Introduction: Understanding The Context For The “Coelho Challenge”, Seth D. Harris

NYLS Law Review

No abstract provided.

Our Right To Work, Our Demand To Be Heard: People With Disabilities, The 2004 Election, And Beyond, The Honorable Tony Coelho

NYLS Law Review

No abstract provided.

Anthony V. City Of New York, Roy G. Locke Jr.

NYLS Law Review

No abstract provided.

Different But Equal: The Human Rights Of Persons With Intellectual Disabilities, Harold Hongju Koh

Maryland Law Review

No abstract provided.

Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein

Maryland Law Review

No abstract provided.

Exile And The Kingdom: Integration, Harassment, And The Americans With Disabilities Act, Mark C. Weber

Maryland Law Review

No abstract provided.

Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act (ADA) was heralded as an "emancipation proclamation" for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from earlier antidiscrimination measures, most notably Title VII, because providing accommodations results in something more than equality for the disabled. The Article challenges this prevalent belief by arguing that ADA-mandated accommodations are consistent with other antidiscrimination measures in that each remedies exclusion from employment opportunity by questioning the inherency of established workplace norms, and by …

Under The Empirical Radar: An Initial Expressive Law Analysis Of The Ada, Michael Ashley Stein

Faculty Publications

No abstract provided.

Generalizing Disability, Michael Ashley Stein

Faculty Publications

No abstract provided.