Law Commons^™

Proving An Environmental Justice Case: Determining An Appropriate Comparison Population, Bradford Mank

Faculty Articles and Other Publications

In proving a case of adverse disparate impact discrimination under Title VI of the 1964 Civil Rights Act, a plaintiff in its prima facie case must show a significant disparity between an affected population and an appropriate comparison population. Both government agencies and commentators have neglected to address the crucial issue of how to elect and define a comparison population. Title VI cases often look to Title VII cases for guidance. Title VII cases require that a comparison population should be similarly situated to the affected population. In 2000, the Environmental Protection Agency ("the EPA" or "the Agency") issued draft …

Something Borrowed, Something Blue: Why Disability Law Claims Are Different, S. Elizabeth Malloy

Faculty Articles and Other Publications

Described as one of the century's most significant pieces of civil rights legislation, the Americans with Disabilities Act of 1990' has been widely hailed as establishing a new foundation for disability policy Senator Harkin, the primary sponsor of the law, called it "the 20th century Emancipation Proclamation for all persons with disabilities." President Bush predicted that the Act would "open up all aspects of American life to individuals with disabilities" and end the "unjustified segregation and exclusion of persons with disabilities from the mainstream of American life."

Congress enacted the ADA to ensure "equality of opportunity, full participation, independent living …