Disability Law Commons^™

The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner

Journal of Law and Health

The explosion in the number and severity of latex allergies began with the emergence of the AIDS epidemic as the Centers for Disease Control issued universal precautions advising health care workers to use protective barriers to prevent the spread of the infection. This resulted in constant use of the gloves by medical workers and a great increase in demand for cost effective gloves. Essentially, the quality of the glove making process decreased, increasing the amount of allergy inducing proteins excreted to wearers. Afflicted workers include physicians, nurses, dentists, dental hygienists, operating room personnel, laboratory technicians and ambulance attendants among others. …

Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Many state Medicaid agencies are playing a greater role in multi-agency efforts to promote employment for people with disabilities. This brief uses data from the National Survey of State Systems and Employment for People with Disabilities to explore the varieties of collaboration Medicaid agencies are using and the agencies they are collaborating with.

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 …

Institute Brief: Achieving Quality Services: A Checklist For Evaluating Your Agency, Doris Hamner, Jaimie Ciulla Timmons, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This checklist can help staff and directors at One-Stop Career Centers and state and private agencies evaluate the quality and responsiveness of their services to job seekers with disabilities. Areas covered include access to resources, agency culture, coordination, and consumer-directedness.

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Maine, Jaimie Ciulla Timmons, Sheila Fesko, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the third in a series of publications …

Tools For Inclusion: Evaluating Your Agency And Its Services: A Checklist For Job Seekers With Disabilities, Jaimie Ciulla Timmons, Melanie Jordan, David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

It is important to evaluate employment services and decide if you are getting the results that you are looking for. You should have high expectations! If you are currently using an agency for help with employment, this checklist can help you make sure you are getting what you need.

Failure To Accommodate, Discriminatory Intent, And The Mcdonnell Douglas Framework: Distinguishing The Analyses Of Claims Arising From Subparts (A) And (B) Of § 12112(B)(5) Of The Ada, Aaron Matthew Laing

Washington Law Review

The Americans with Disabilities Act (ADA) creates and protects employment opportunities for disabled persons by prohibiting adverse employment actions in the form of disparate treatment and disparate impact. Additionally, subparts (A) and (B) of § 12112(b)(5) of the ADA place distinct duties on employers to accommodate disabled persons, protecting, respectively, existing and future employment opportunities. Because the ADA protects both existing and future opportunities, the duty to accommodate may be breached in two distinct manners. When a plaintiff alleges failure to accommodate, a court must determine which section of the ADA applies and select an appropriate analytical framework for the …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Kentucky, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusaion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the first in a series of publications …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Minnesota, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the second in a series of publications …

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.

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.

Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes

University of Michigan Journal of Law Reform

This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older …

Tools For Inclusion: From Stress To Success: Making Social Security Work For Your Young Adult, Danielle Dreilinger, Jaimie Ciulla Timmons

Tools for Inclusion Series, Institute for Community Inclusion

How does receiving Social Security affect families as their children move into adulthood? This brief shares families' experiences and suggests ways that families can manage SSI and use it to help a young adult prepare for their career.

Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel

The Institute Brief Series, Institute for Community Inclusion

Recent legislation emphasizes collaboration between state agencies. A good interagency agreement is one tool that can assist collaboration and promote systems change. Researchers offer four important considerations for an effective agreement and a worksheet for agency personnel.

Research To Practice: The Extent Of Consumer-Directed Funding By Mr/Dd State Agencies In Day And Employment Services, Deborah Metzel

Research to Practice Series, Institute for Community Inclusion

Individual control over service delivery and life choices is well established as a value in supports for individuals with developmental disabilities. One strategy for expanding choice is mechanisms that allow consumers to direct their funding. This brief reports on the prevalence of these options in state MR/DD agencies for 1999.

Research To Practice: Postsecondary Education As A Critical Step Toward Meaningful Employment: Vocational Rehabilitation's Role, Dana Scott Gilmore, Jennifer Bose, Debra Hart

Research to Practice Series, Institute for Community Inclusion

Research shows that access to postsecondary education makes an enormous difference in the employability of people with disabilities. This brief focuses on the rehabilitation outcomes of people who received education supports from Vocational Rehabilitation agencies.

Research To Practice: National Day And Employment Service Trends In Mr/Dd Agencies, Danielle Dreilinger, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

To what extent have changes in philosophy translated into changes for state agencies and the people they serve? This brief analyzes MR/DD agencies' day and employment service trends from 1988 to 1999 and discusses relevant trends in policy and legislation.

Research To Practice: Effective Customer Service Delivery In Employment Support: Finding A Common Ground Between Guided And Self-Directed Service Delivery, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

An ICI study analyzed the experiences of individuals who successfully found jobs through agencies and discovered five characteristics of effective employment services. This brief describes guided and self-directed approaches and provides recommendations for agency staff.

Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein

Faculty Publications

No abstract provided.

Why An Employer Does Not Have To Answer For Preventing An Employee With A Disability From Utilizing Corrective Measures: The Relationship Between Mitigation And Reasonable Acommodation, Thad Levar

Brigham Young University Journal of Public Law

No abstract provided.

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Comments: A Return To State Sovereignty: How Individuals With Disabilities In Maryland May Still Seek Relief Against State Employers After Board Of Trustees Of The University Of Alabama V. Garrett, Geoffrey G. Hengerer

University of Baltimore Law Review

No abstract provided.

The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges, Douglas D. Scherer

Scholarly Works

During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams,' which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …

Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David Engel, Frank W. Munger

Articles & Chapters

This article examines how the employment rights guaranteed by the Americans

with Disabilities Act (ADA) affect the careers of individuals with disabilities. The

article draws on in-depth interviews with sixty adults who provided extended life

story narratives, describing early family and educational experiences and later

experiences with employment. Their detailed accounts offer insights into the

sometimes subtle role rights play in peoples lives and careers. Relatively few

rights violations actually lead to explicit or formal invocations of the law. The

effect of the ADA on careers can be profound but is primarily indirect or

symbolic. Moreover, other factors affect the …

Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

National trends regarding extended employment (sheltered workshops) and competitive employment outcomes from state Vocational Rehabilitation systems between 1985 and 1998.

Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This brief gives a basic overview of the act and examines its impact on the lives of people with disabilities as well as the systems and organizations that assist them.

Deference And Disability Discrimination, Rebecca Hanner White

Michigan Law Review

For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the judiciary. …

Research To Practice: Time Limits, Exemption, And Disclosure: Tanf Caseworkers And Clients With Disabilities, Jaimie Ciulla Timmons, Danielle Dreilinger

Research to Practice Series, Institute for Community Inclusion

Findings show that welfare caseworkers experience unique challenges when supporting welfare recipients with disabilities, including time limit pressures and conflict over exemptions. The brief includes a resource list for caseworkers.

Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky

Washington and Lee Law Review

No abstract provided.