Disability Law Commons^™

The Applicability Of The Ada To Private Internet Web Sites, Carrie L. Kiedrowski

Cleveland State Law Review

This article proposes that private commercial web sites are considered places of public accommodation; consequently, private Internet web sites must be accessible to people with disabilities under the Americans with Disabilities Act. Part I introduces the thesis of this article. Part II sets out the historical inception of the legal rights of accessibility for people with disabilities in public and private entities. Additionally, Part II describes recent federal actions mandating accessibility of government related web sites. Part III addresses the question of whether Internet web sites are considered places of public accommodation under the ADA, including an analysis of supporting …

Thou Shalt Not Put A Stumbling Block Before The Blind": The Americans With Disabilities Act And Public Transit For The Disabled, Michael Lewyn

Scholarly Works

The Americans with Disabilities Act (ADA), ordered local governments to make bus and train systems more accessible to the disabled, and imposed costly requirements upon local public transit systems - but did not give local governments funds with which to satisfy this mandate. By reducing the funds available to transit systems, the ADA has sometimes forced cutbacks in transit service for everyone including, ironically, the disabled to the extent that disabled people were able to use public transit before the ADA's enactment). Thus, the ADA has occasionally (at least in times of budgetary austerity) been counterproductive. The ADA's inadequacy is …

Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill

University of Richmond Law Review

Imagine that an all-star batter for the New York Yankees had a circulatory disease that made it difficult and painful for him to run. Would Major League Baseball be forced to permit a designated base runner to run for the disabled batter starting from home plate? Consider Jim Abbott, the successful major league pitcher who was born without a right arm. Under the Americans With Disabilities Act ("ADA"), could Abbott, who pitched well for many years in the American League, which has the designated hitter rule, force the National League, which does not, to exempt him from its batting requirement? …

Forward To Fundamental Alteration: Addressing Ada Title Ii Integration Lawsuits After Olmstead V. L. C, Steve Calandrillo, Jefferson D.E. Smith

Articles

In 1999, the Supreme Court reviewed the case of Olmstead v. L.C. by Zimring, which has been called the Brown v. Board of Education for the law of disability discrimination. The Court ultimately agreed with the Department of Justice ("DOJ") and held that the Americans with Disabilities Act ("ADA"), along with its supplementary Integration Regulation, requires a State that offers treatment to persons with disabilities to provide such treatment in a community setting where such a placement would not be an unreasonable change or a fundamental alteration in the State's program. Advocates of community care have long argued that such …

The Americans With Disabilities Act And Academic Libraries In The Southeastern United States, Linda Lou Wiler, Eleanor Lomax

E-JASL: Electronic Journal of Academic and Special Librarianship (1999-2009, Volumes 1-10)

Individuals with disabilities are one of the fastest-growing segments of United States society. In 1970, 11.7% of the United States population was limited in activity, a major factor in measuring and identifying people with disabilities. In 1990, because of the aging of America, 13.7 % of the population could be so identified. By 1994, 15% of the population fell into this group. During this latter period, the older population stayed fairly stable but children and younger adults with disabilities increased greatly. Many different figures, depending upon the method of counting, e.g., age groups included, or whether residence was in a …

Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth

Indiana Law Journal

No abstract provided.

What Law Schools Are Doing To Accommodate Students With Learning Disabilities, Donald H. Stone

All Faculty Scholarship

The year 2000 marks the tenth anniversary of the 1990 passage of the Americans with Disabilities Act (“ADA”). It also marks a quarter century since the passage of the Education for All Handicapped Children Act (“EAHCA”). The EAHCA opened the doors for disabled children to receive a free and appropriate education. As a result of this special education law, many disabled young people were able to succeed and are now knocking at law schools' doors seeking admission.

On July 26, 1990, Congress enacted the ADA, a landmark civil rights bill designed to open up all aspects of American life to …

Between A Disability And A Hard Place: The Cancer Survivors' Catch-22 Of Proving Disability Status Under The Americans With Disabilities Act, Barbara Hoffman

Maryland Law Review

No abstract provided.

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Scholarly Works

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …

Reconsidering The Americans With Disabilities Act, Miranda Mcgowan

Georgia Law Review

The Supreme Court's Americans with Disabilities Act decisions in Sutton v. United Air Lines and its companion cases have been extensively criticized as inconsistent with the ADA's purpose and legislative history. In Sutton, the Court held that corrective measures used by an individual to alleviate the effects of a physical or mental impairment should be taken into account when assessing whether a person has a disability under the ADA. The Court's ruling rejected the EEOC's interpretive guidance and the approach taken by a majority of circuit courts. As a practical matter, Sutton significantly curtails the class of persons deemed to …

The Americans With Disabilities Act After Sutton V. United Air Lines--Can It Live Up To Its Promise Of Freedom For Disabled Americans?, Ashley L. Pack

Kentucky Law Journal

No abstract provided.

Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

No abstract provided.

Technology As A Panacea: Why Pregnancy-Related Problems Should Be Defined Without Regard To Mitigating Measures Under The Ada, Jessica L. Wilson

Vanderbilt Law Review

In Gabriel v. City of Chicago, the Northern District of Illinois held that, while pregnancy is not a per se disability under the Americans with Disabilities Act ("ADA"),' pregnancy-related problems can be considered disabilities under the ADA. The holding in Gabriel, however, was not unique, as many other district courts have reached the same conclusion regarding pregnancy-related problems. The real question in cases such as Gabriel is whether the pregnancy-related problem at issue constitutes a disability under the ADA. This question requires an analysis of whether the pregnancy-related problem is a physical impairment that substantially limits a major life activity …

Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn

Faculty Publications

This Article critiques the idea that the ADA should exclude from its coverage people who use mitigating measures, such as medications and medical devices, to alleviate the effects of their mental and physical impairments. After describing the statute as an expansive but flawed tool for combating disability-based discrimination, the Article analyzes a 1999 trilogy of Supreme Court cases holding that in determining whether a person has a disability for purposes of ADA coverage, courts should take account of the ameliorative effects of so-called mitigating measures on the person’s impairments. Through this holding, the Court inappropriately constricted the scope of the …

Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn

Faculty Publications

The passage of the Americans with Disabilities Act ("ADA") in 1990 has been praised as the major accomplishment of the disability rights movement. This statute, however, is not without its flaws. Perhaps the most problematic one is the way in which “disability” is defined. Lisa Eichhorn argues that the definition undercuts the effectiveness of the ADA. She begins with a historical look at society’s concepts of disability and discusses how these concepts were incorporated into the Rehabilitation Act of 1973 and the ADA. She then examines cases that have been dismissed because plaintiffs cannot prove disabled status, which illustrate the …

Ada Mediation After Sutton, Murphy And Albertson, James Levin

Faculty Publications

Judith Cohen's summary of the Interim ADA Mediation Standards in the last issue of The Journal of Alternative Dispute Resolution in Employment acknowledges the "skyrocketing" number of cases mediated under the Americans With Disabilities Act (ADA). The United States Supreme Court's recent opinions in Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc., and Albertson, Inc. v. Kirkingberg surprised many in the disability community by explicitly excluding an individual from ADA coverage if she mitigates her mental or physical impairment and the impairment as mitigated no longer substantially limits a major life activity. Will the Supreme Court's narrowing …

Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca

Law Faculty Scholarly Articles

People have long perceived a connection between mental and even physical illness and physical anguish. Yet, modern culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this “medical model” is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of genetics …

The Holy And The Handicapped: An Examination Of The Different Applications Of The Reasonable-Accommodation Clauses In Title Vii And The Ada, Alan D. Schuchman

Indiana Law Journal

No abstract provided.

Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak

Journal of Law and Health

Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …

The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes And Regulations -- Americans With Disabilities Act -- Asymptomatic Hiv, Peter Nicolas

Articles

No abstract provided.

Reasonable Accommodations And Awkward Compromises: Issues Concerning Learning Disabled Students And Professional Schools In The Law School Context, Lisa A. Eichhorn

Faculty Publications

Under the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, colleges and universities are prohibited from discriminating against qualified students with learning disabilities and must reasonably accommodate such disabilities so that students have a genuine opportunity to complete academic programs successfully. Not surprisingly, just like their non-disabled peers, a number of learning disabled college graduates are choosing to enter professions such as law and medicine. Their entry into professional schools has raised a number of legal issues concerning their qualification to matriculate, their need for accommodations, and their eventual ability to practice successfully. …

Seniority Systems And The Americans With Disabilities Act: The Fate Of Reasonable Accommodation After Eckles, William J. Mcdevitt

St. Thomas Law Review

Frequently, in addition to intended effects, new legislation has an unintended impact on existing statutory or judge-made law. Most of the consequences of new laws are anticipated by the legislators, but invariably, some of the effects are unforeseeable. Occasionally, legislators deliberately leave ambiguities and conflicts to the courts for resolution. This is precisely the scenario that was expected by those who have followed the Americans with Disabilities Act (ADA or "the Act") over the past several years. Specifically, there has been a continuing controversy as to the extent of an employer's obligation to accommodate a disabled employee who works under …

"Substantially Limited" Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert Burgdorf

Journal Articles

DISABILITY' nondiscrimination laws, such as the Americans with Disabilities Act of 1990 (ADA),2 and the disability rights movement which spawned them have, at their core, a central premise that is both simple and profound. That premise is that people denominated as "disabled" are just people, not different in any critical way from other people. Paradoxically, commentators, enforcement agencies and the courts, with manifest good intentions, have frequently interpreted and applied these laws in ways that reinforce a diametrically opposite premise-that people with disabilities are significantly different, special and need exceptional status and protection, One is reminded of Justice Brandeis's admonition …

Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin Mika, Denise Wimbiscus

Journal of Law and Health

This article will discuss the standards of the ADA with respect to accommodating mental illness in the workplace. It will argue the ADA definitions are not precise enough to apprising employers of what are their obligations regarding mentally ill persons in the workplace. It will additionally make suggestions for revising the statute and regulations to achieve this goal. In reaching its conclusion, this article will discuss popular conceptions about mental illness, and the current statutory framework of the ADA. Representative case law will be considered within the context of these topics. The article will ultimately suggest that fairness to both …

Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber

Journal of Law and Health

The Americans with Disabilities Act was enacted in 1990 as a comprehensive scheme in which previously discriminated against classes would be guaranteed fair treatment in employment as well as other settings. The Act protects those with both physical and mental disabilities. With respect to certification for the practice of law, the Act has almost unique significance as the accommodations the Act calls for arguably clash with state bar standards of competence both in legal education and mental fitness for certification. These clashes tend to stem from two major situations-accommodation of the learning disabled student who may not be able to …

Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien

Faculty Scholarship

One might think, since passage of the Americans With Disabilities Act of 1990 (ADA),' that the employment story for disabled employees or would-be disabled employees was cheerful, or at least improving. This may be true in so far as obtaining and retaining employment is concerned;' however, the ADA, because it permits employers and third-party insurers to continue to utilize traditional risk management techniques, has resulted in reduced or (in some cases) non-existent employee benefits for the disabled. At the same time, more and more employers are opting to self-insure under the Employee Retirement Income Security Act of 1974 (ERISA),3 in …

And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould

Journal of Law and Health

This article hopes to encourage the use of the ADA as a mechanism to increase courtroom accessibility to people with disabilities. The article proceeds in the following manner. Initially, I outline the procedural history and design of the Act. Then, in Part III, I discuss how the ADA seeks to ensure the increased participation of persons with disabilities in courtroom practices and procedures. In Part IV, I discuss the Act's Title II, Public Services, which controls access to and accommodations by the state courts. Next, I trace the discrimination frequently faced by persons with disabilities, which is illustrated by a …

Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin

Journal of Law and Health

Each of the articles included in this symposium summarizes the ADA and details the particular provisions of the Act which pertain to its thesis. Therefore, I will only briefly outline the Act's major provisions and implications for the purposes of this introductory discussion.

The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman

Journal of Law and Health

There are essentially three different theories that are used to prove discrimination against people with disabilities: disparate treatment- that a person has been treated differently because of membership in a protected class - may be proved by direct evidence of discrimination or by inference. Today, employers are often open about discriminating against people with disabilities. They frequently know little about disabilities and make their decisions based on stereotypes rather than on individualized assessments. Further, medical examinations and inquiries are required by the ADA to be conducted after a job has been offered thereby enabling job applicants to determine that their …

Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman

Journal of Law and Health

This article discusses the potential impact that Title I has on the lives of individuals with mental disabilities and methods by which it can be most effectively implemented and enforced. The following section discusses the potential impact that Title I can have on the lives of the mentally disabled, specifically in the areas of independent living and quality of life. Part III will examine problems enforcing Title I which interfere with the ability of the mentally disabled to fully benefit from the statute. The second half of this article discusses how to best implement and enforce Title I from a …