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Full-Text Articles in Law
(Whatever Happened To) The Ada's Record Of Disability Prong(?), Alex B. Long
(Whatever Happened To) The Ada's Record Of Disability Prong(?), Alex B. Long
Scholarly Works
The ADA's record of disability prong is the prong least likely to be used by ADA plaintiffs in claiming protection under the Act. Between the years 2000 and 2004, ADA and Rehabilitation Act plaintiffs in federal court who alleged employment discrimination relied upon the record of disability prong less than one-third as often as the actual and perceived disability prongs in claiming disability status. Nor have ADA plaintiffs enjoyed any greater success when asserting coverage under the record of disability prong during that time period. Congress, the Equal Opportunity Commission (EEOC), and the federal courts bear much of the blame …
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
All Faculty Scholarship
This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small businesses …
Starting Anew: The Ada's Disability With Respect To Episodic Mental Illness [Symposium], Camille Nelson
Starting Anew: The Ada's Disability With Respect To Episodic Mental Illness [Symposium], Camille Nelson
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Although lay people frequently conflate a diagnosis of mental illness with the existence of a disability, these concepts should properly be separated. The inclination towards conflation might be diminished by reference to the Americans with Disabilities Act (ADA) distinction between the existence of a disability and the legal ability to recover under the ADA. Specifically, under the ADA the claimant must not only establish a disability, which is a physical or mental impairment, but this impairment must "substantially limit one or more major life activities."' A disability is "an alteration of an individual's capacity to meet personal, social, or …
Reasonable Accommodation For Employees With Perceived Disabilities: An Alternative Approach Based On Relationship, Wilson G. Barmeyer
Reasonable Accommodation For Employees With Perceived Disabilities: An Alternative Approach Based On Relationship, Wilson G. Barmeyer
Louis Jackson National Student Writing Competition
No abstract provided.
Discrimination Cases In The October 2004 Term, Eileen Kaufman
Discrimination Cases In The October 2004 Term, Eileen Kaufman
Scholarly Works
No abstract provided.
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Faculty Articles and Other Publications
Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …