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Full-Text Articles in Law
Ideological Dissonance, Disability Backlash, And The Ada Amendments Act, Cheryl L. Anderson
Ideological Dissonance, Disability Backlash, And The Ada Amendments Act, Cheryl L. Anderson
Cheryl L Anderson
The ADA Amendments Act disappointed many disability advocates who argued “disability” should be determined solely upon a showing that an individual has a physical or mental impairment. This article argues that adopting an open-ended protected class would have exacerbated rather than eliminated judicial backlash against the ADA. The judiciary adopted an excessively narrow protected class to resolve the ideological dissonance between judges' belief that the right of reasonable accommodation is a special right and their desire to avoid granting “windfall protection” where there has been no systemic disadvantage. An open-ended protected class would lead courts to narrow the right of …
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin
Articles by Maurer Faculty
In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect against …