Disability Law Commons^™

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

All Faculty Scholarship

Proceedings of the 2004 Annual Meeting, Association of American Law Schools, Sections on Employee Benefits and Employment Discrimination. Panel includes: Professor Colleen E. Medill; Professor Helen Norton; Eve Gartner, Esq.; and Professor Elizabeth Pendo.

The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo

All Faculty Scholarship

Infertility affects approximately ten percent of the reproductive-age population in the United States, and strikes people of every race, ethnicity and socio-economic level. It is recognized by the medical community as a disease, one with devastating physical, psychological, and financial effects.

In 1998, the Supreme Court held in Bragdon v. Abbott that reproduction is a major life activity within the meaning of the ADA. Many lawyers, activists and scholars thought that coverage for infertility treatment would follow soon after. In fact, in 2003 in the first major case applying Bragdon to health benefits, Saks v. Franklin Covey, the Second Circuit …

Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong

Faculty Publications

No abstract provided.

How Bizarre: The Third Circuit's Analysis Of The Requirement Of Reasonable Accommodation For Regarded As Disabled Employees Under The Ada In Williams V. Philadelphia Housing Authority Police Department, Maire E. Donovan

Villanova Law Review (1956 - )

No abstract provided.

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.

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 …

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 Need For Parity In Health Insurance Benefits For The Mentally And Physically Disabled: Questioning Inconsistency Between Two Leading Anti-Discrimination Laws, Sarah Ritz

Journal of Law and Health

Discriminatory practices by the insurance industry, such as benefit limits (caps) on mental health services coverage, or complete lack of mental health care coverage fuel the disparate treatment of those with mental disabilities. These discriminatory practices have been the subject of much debate, and cases challenging those principles have not fared well in the court system. These insurance practices, which single out persons with mental illness and provide them with little or no benefits for mental health care, violate the terms of the Americans with Disabilities Act ("ADA"), and are inconsistent with other laws that seek to remedy discrimination against …

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

Maryland Law Review

No abstract provided.

Restored To Health To Be Put To Death: Reconciling The Legal And Ethical Dilemmas Of Medication To Execute In Singleton V. Norris, Kursten Hensl

Villanova Law Review (1956 - )

No abstract provided.

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 …

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.

The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Faculty Publications

No abstract provided.

Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall

BYU Law Review

No abstract provided.

Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist

William Mitchell Law Review

Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal …

Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon

UIC Law Review

No abstract provided.

Not Like It Was In The Old Days: Is The Americans With Disabilities Act Changing The Face Of Sports As We Know It, Amy M. Kearney

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette Mcrae

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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

Articles

John Rawls has been called the most significant and influential moral philosopher of the twentieth century, and his ideas have deeply influenced discussions of social, political, and economic justice across disciplines including law, philosophy, and political science. Given his preeminence, does Rawls's theory of justice as fairness fail in either of the two ways described above or is it a promising analysis for achieving justice for people with disabilities?

In its most recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act of 1990 (the ADA). In several significant decisions, it has grappled with …

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 …

Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler

Michigan Law Review

When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Health and Sport Science Faculty Publications

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community.

Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

Disability Harassment In The Public Schools, Mark C. Weber

William & Mary Law Review

No abstract provided.

Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn

William & Mary Law Review

No abstract provided.

Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt

UIC Law Review

No abstract provided.

Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein

Faculty Publications

No abstract provided.

Access Denied And Not Designed: The Ninth Circuit Drafts A Narrow Escape For Architect Liability Under The Americans With Disabilities Act In Lonberg V. Sanborn Theaters, Inc., Mita Chatterjee

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.