Disability Law Commons^™

The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks

Touro Law Review

No abstract provided.

Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution, Rebecca J. Huss

Touro Law Review

No abstract provided.

Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Touro Law Review

No abstract provided.

The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone

Touro Law Review

No abstract provided.

Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck

Touro Law Review

No abstract provided.

First Race, Then Sex, Now Disability: The Fight Towards Increased And Equal Employment Of Individuals With Disabilities, Wallis Levy Granat

Journal of Civil Rights and Economic Development

(Excerpt)

Think about a typical morning. 7:00 a.m.: You hear the dreaded alarm and moan as “Superstition” plays. You somehow manage to hit snooze and buy yourself another ten minutes of peaceful bliss. 7:10 a.m.: You roll over, turn the alarm off, and instinctually grab your iPhone. You check Facebook, your email, your Instagram, and your Chase bank account to make sure nothing has changed since you went to sleep. 7:15 a.m.: You reluctantly get out of bed and turn the lights on. 7:20 a.m.: You grab your favorite Tommy Hilfiger shirt and finish getting dressed. 7:25 a.m.: You turn …

Canines At The Company, Felines At The Factory: The Risks And Rewards Of Incorporating Service Animals And Companion Animals Into The Workplace, Rebecca J. Huss

Dickinson Law Review (2017-Present)

With unemployment rates at historically low levels, the ability of an employer to attract and retain productive employees is key to a company’s success. Simultaneously, the percentage of persons in the United States with disabilities is increasing. Additionally, many persons without disabilities consider allowing companion animals at work a valuable employee benefit. This Article focuses on the legal and workplace implications of incorporating service animals and companion animals at work.

This Article begins by analyzing when an employer must accommodate a request by an employee with a disability to be accompanied by a service animal at work under the Americans …

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

Touro Law Review

No abstract provided.

Permitted Incentives For Workplace Wellness Plans Under The Ada And Gina: The Regulatory Gap, Elizabeth Pendo, Brandon Hall

All Faculty Scholarship

Although workplace wellness plans have been around for decades, they have flourished under the Patient Protection and Affordable Care Act (“PPACA”) into a $6 billion-dollar industry. Under PPACA, a “wellness plan” is a program of health promotion or disease prevention offered by an employer that is designed to promote health or prevent disease and which meets the other applicable requirements of that subsection. Employers look to these programs to promote healthy lifestyles, improve the overall health of employees and beneficiaries, and reduce rising healthcare costs. PPACA’s amendments to the Health Insurance Portability and Accountability Act (“HIPAA”) permit employers to offer …

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer Levi

Faculty Scholarship

The Americans with Disabilities Act and its predecessor, Section 504 of the Rehabilitation Act of 1973 (“Section 504”), protect people from discrimination based on disability, but not if the disability is one of three archaic medical conditions associated with transgender people: “transvestism,” “transsexualism,” and “gender identity disorders not resulting from physical impairments.” This Article describes the origins of transgender exclusion and discusses why a growing number of federal courts find this exclusion does not apply to gender dysphoria, a new and distinct medical diagnosis. Further, the Authors define the future of disability rights protections for transgender people.

From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, Kelby S. Carlson

Catholic University Law Review

The question of the effects of technological change on the interpretation of statutes is a complicated one. Particularly for statutes that govern a broad range of issues, the advent of new technology can precipitate re-examination of the rationale behind, and nature of, the relevant law. The Americans with Disabilities Act was enacted, in part, to give Americans with disabilities greater access to public space, allowing them to enjoy the advantages such access offers on an equal footing with the able-bodied. The adoption of digital technology across society and, in particular, the widespread ubiquity of the internet now raise questions about …

Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.

Animals As Living Accommodations, Ani B. Satz

Faculty Articles

Animals as “living accommodations” is a concept I first developed and used in 2006, in my disability and animal law courses, to describe nonhuman animals who either provide service or emotional support to humans with functional impairments. My goal in using this language is to emphasize the important differences between employing living animals and inanimate tools of assistance to promote meaningful access to work, public services, places of public accommodation, and public transportation. The differences may be viewed from the perspectives of a variety of stakeholders, including: individuals with disabilities and other impairments; businesses accommodating such individuals; members of the …

A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson

University of Richmond Law Review

No abstract provided.

E-Commerce And The Americans With Disabilities Act: Failing To Extend The Ada To The Internet In Access Now V. Southwest Airlines, Emily Short

Oklahoma Journal of Law and Technology

No abstract provided.

Higher Education Institutions' Treatment Of Students Deemed A "Direct Threat" To Themselves And The Ada, Dana Martin

Northwestern Journal of Law & Social Policy

As the rates of mental illness among college students continues to rise, colleges and universities are faced with new challenges in appropriately accommodating their students who struggle with these conditions. Unfortunately, misunderstanding and stigmatization of mental illness coupled with the fear of being the site of the next on-campus violent tragedy often leads schools to act adversely to the best interest of the student exhibiting at-risk behavior. This Note examines recent actions taken by schools against students demonstrating suicidal behavior in the context of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of …

Disability Rights In The Age Of Uber: Applying The Americans With Disabilities Act Of 1990 To Transportation Network Companies, Rachel Reed

Georgia State University Law Review

Within the past year, individual plaintiffs and disability rights organizations have initiated a number of lawsuits against Uber, and similar companies like Lyft, alleging violations of Title III of the Americans with Disabilities Act of 1990 (Title III). In each of these cases, the plaintiffs’ success turns on affirmatively answering one significant threshold question: Whether Uber, or a similar entity, falls within the scope of Title III. Traditional taxi companies fall squarely within the Americans with Disabilities Act of 1990’s (ADA) coverage under 42 U.S.C. § 12184 (§ 12184), which governs private companies that provide transportation services. Given the similarities …

The Substantially Impaired Sex, Jennifer B. Shinall

Vanderbilt Law School Faculty Publications

In making the case for increased attention to and expanded legal remedies for disabled women who experience labor market discrimination, this Article proceeds as follows: Part I reviews previous work on intersectional discrimination, which, heretofore, has focused almost exclusively on the experience of African-American women. Part II examines the EEOC data, which details the universe of ADA charges filed with the agency from 2000 to 2009. The EEOC data make clear how men's and women's disability charges differ, and the data also provide a great deal of evidence as to why men's and women's disability charges differ. Part III considers …

The International Right To Sport For People With Disabilities, Maureen A. Weston

Marquette Sports Law Review

None

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Pepperdine Law Review

Imagine applying for a job, and as part of your application process, your prospective employer asks for a photograph. You, as an eager candidate, comply with the request and, unbeknownst to you, the employer runs your picture through a software program that scans you for any common genetic diseases and that estimates your longevity. Alas, your face indicates that you may die young. No job for you. Although this sounds like science fiction, we may not be that far off from this scenario. In June 2014, scientists from Oxford reported that they have developed a facial recognition program that uses …

The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt

Pace Law Review

This paper proceeds in five parts. First, I will give an overview of food allergies. The second section will discuss legal protections at the federal level, including the ADA and other specific federal laws that are aimed at food allergies. The third section will discuss legal protections at the state level, including state laws directed at school districts and state laws directed at restaurants. The fourth section will discuss actions by the private/non-profit sector. The final section of my paper will discuss further necessary legislative changes for people with food allergies.

Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter

Pepperdine Law Review

This article explores a unique source of stigma suffered by individuals with disabilities in the workplace. Instead of focusing on those with the most stigmatizing disabilities, I focus on those individuals who have disabilities that are not perceived as very severe, yet they still suffer stigma. These individuals are stigmatized because of the special treatment they receive (or are perceived as receiving) through workplace accommodations provided pursuant to the Americans with Disabilities Act (ADA). In prior work, I have called this phenomenon “special treatment stigma,” the harm that arises from receiving special treatment in the workplace, especially when co-workers believe …

Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull

Faculty Scholarship

No abstract provided.

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Faculty Scholarship

No abstract provided.

For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner

Loyola of Los Angeles Law Review

No abstract provided.

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson

University of Richmond Law Review

No abstract provided.

Shelby, Race, And Disability Rights, Ravi Malhotra

Journal of Race, Gender, and Ethnicity

No abstract provided.

Retaliation And The Reasonable Person, Sandra F. Sperino

Faculty Articles and Other Publications

When a worker complains about discrimination, federal law is supposed to protect that worker from later retaliation. Recent scholarly attention focuses on how courts limit retaliation claims by narrowly framing the causation inquiry. A larger threat to retaliation law is developing in the lower courts. Courts are declaring a wide swath of conduct as insufficiently serious to constitute retaliation.

Many courts hold that it is legal for an employer to threaten to fire a worker, to place the worker on administrative leave, or to negatively evaluate the worker because she complained about discriminatory conduct. Even if the worker has evidence …

Accidentally On Purpose: Intent In Disability Discrimination Law, Mark Weber

College of Law Faculty

American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no …