Disability Law Commons^™

Intersectional Complications Of Healthism, Jennifer B. Shinall

Vanderbilt Law School Faculty Publications

For Americans in the labor market with health conditions that fall outside the scope of the ADA, the rehabilitation Act, and GINA, antihealthism legislation, like the kind proposed by Roberts and Leonard, 9would unquestionably serve as a critical first step in increasing their legal protections in the workplace. Moreover, to the extent that such legislation would also operate outside the workplace, it could expand legal protections even for individuals who presently enjoy coverage by disability and genetic discrimination laws solely inside the workplace. Yet, as this article has argued, simple healthism-discriminatory animus based solely on health-may be surprisingly rare. Existing …

An Empirical Assessment Of Georgia's Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall

Vanderbilt Law School Faculty Publications

In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants to prove …

Websites As Facilities Under Ada Title Iii, Ryan C. Brunner

Duke Law & Technology Review

Title III of the Americans with Disabilities Act requires public accommodations—private entities that offer goods or services to the public—to be accessible to individuals with disabilities. There is an ongoing debate about whether Title III applies to websites that offer services to the public, but this debate may be resolved in the coming years by litigation or Department of Justice regulations. Assuming for the sake of argument that Title III will eventually be applied to websites, the next inquiry is what that application should look like. The regulatory definition of “facilities” should be amended to include nonphysical places of public …

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 …

Essay: Setting The Bases Of A Policy Framework To Cover Old-Age Risk

Marquette Benefits and Social Welfare Law Review

This Essay proposes a coherent vision about the protection of old-age pensions and establishes a public policy strategy that allows the protection of a country's entire population. If attempts to connect the action of the State, through the notion of the welfare state, with the protection of pension systems. It proposes three levels of protection: (1) the welfare state, (2) state regulation, and (3) pension scheme regulation. The first Section of this Essay reviews welfare states, explains their categories, and discusses their protective effects. The second Section examines how to structure the various pension schemes into a coherent pension system …

Healthism, Intersectionality, And Health Insurance: The Compounded Problems Of Healthist Discrimination

Marquette Benefits and Social Welfare Law Review

Healthism can identify situations where a person is subject to a particular form of bigotry based on their individual health status. In health insurance, some forms of healthism are unavoidable due to the very nature of health insurance structures. However, when analyzing health insurance programs, particularly those that are funded through government, it is possible to utilize a healthism framework to, first, recognize and minimize and potentially ameliorate the worst effects of healthism combined with intersectionality. This Essay analyzes these issues as they relate to health insurance, Medicare, and the potential role of the Independent Payment Advisory Board.

Different States, Common Issues: Moving Mountains One Service At A Time., Suzzanne Freeze, Allison Hall, Stacy Collins, Duane Shumate, Cindy Thomas, Barbara Brent, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

No abstract provided.

Guidepost 1: Individualize Supports For Each Person, Hannah Curren, Oliver Lyons, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Community Life Engagement refers to how people with intellectual and developmental disabilities (IDD) access and participate in their communities outside of employment as part of a meaningful day. (See “What Is Community Life Engagement?” in the box on page 3.) The Community Life Engagement team has been conducting research to identify the elements of high-quality Community Life Engagement (CLE) supports. We have created a series of four Engage Briefs to examine the guideposts in detail.

Intersectional Complications Of Healthism

Marquette Benefits and Social Welfare Law Review

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Some Thoughts On "Healthism" And Employee Benefits In The Age Of Trump

Marquette Benefits and Social Welfare Law Review

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Tobacco Denormalization, Anti-Healthism, And Health Justice

Marquette Benefits and Social Welfare Law Review

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Healthcare Access, Disability Rights, And Olmstead Advocacy, Elizabeth Weeks Leonard, Susan Jamieson, Talley Wells, Leslie Lipson, Ezra Young

Working in the Public Interest Conferences

An overview of the past, present, and future of healthcare access and disability rights law. Panelists will cover topics ranging from deinstitutionalization to the intersection of transgender rights, the Americans with Disabilities Act, and the Olmstead decision. This panel was organized in conjunction with the University of Georgia Institute on Human Development and Disability (IHDD). Moderated by Elizabeth Weeks.

Partnerships In Employment Brief: Guidance On How To Obtain Data On The Use Of Subminimum Wages Within A State To Inform Systems Change Activities, Evelyn Doxey, Leslie Jaehning, Elise Mcmillan, Kristin Vandagriff, Jean Winsor

All Institute for Community Inclusion Publications

In October 2011, the Administration on Intellectual and Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and postsecondary outcomes for youth with intellectual and developmental disabilities (IDD). Until the end of September 2016 the Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services provided training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

PIE …

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 …

Achieving The Promise Of Assistive Technology: Why Assistive Technology Evaluations Are Essential For Compliance With The Individuals With Disabilities Education Act, Alexandra Abend

Cardozo Law Review

The note advocates for a more rigorous and proactive approach to incorporating assistive technology (AT) in special education, arguing that it is essential for ensuring students with disabilities receive a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). It critiques the current legal standard established by Rowley as insufficient, calling for a higher threshold that prioritizes maximizing educational opportunities. The analysis emphasizes the importance of comprehensive AT evaluations and the need for systemic improvements to prevent procedural violations and ensure effective implementation of AT in Individualized Education Programs (IEPs).

Finding Autonomy: The Impact Of Judicial Discretion For Disabled Individuals In The American Guardianship System, Katherine Davis

Political Science Honors Projects

This study examines the conflict between guardianship and the American disability rights movement, specifically the shift from a medical to a capability model of disability. Legal guardianship presents judges with a dilemma of favoring individual autonomy or societal protection. This dichotomy manifests in the construction of state statutes where legislators can influence judicial discretion and sway decisions. Through analysis of state statutes, case law, and interviews with judges in Connecticut and Minnesota, this study found that higher levels of discretion do not necessarily translate to increased protection of individual autonomy or the use of alternatives to guardianship. The research points …

Florida's Workers Compensation Law: The Pendulum Swings, Ursula Hirsch

Honors Undergraduate Theses

The intent of this paper is to discuss how the recent court rulings on the current workers compensation statutes will impact the rules to Florida’s workers compensation laws.

Workers Compensation system is a social justice system that protects both the employer and employee. Employees that are injured while in the course and scope of their employment give up the right to sue, making workers compensation an exclusive remedy. In exchange for giving up that right, the injured worker receives statutory benefits in a no-fault system.

This paper covers the legislative changes over the years that have impacted the constitutionality of …

Restoring Civil Rights To The Disabled In Health Insurance, Valarie K. Blake

Scholarly Works

Disability discrimination permeates the American health insurance system. This discrimination is problematic because adequate health benefits at affordable rates are integral to a disabled person’s full participation and integration in society. Civil rights laws for the disabled, like the Americans with Disabilities Act (ADA) and its predecessor, the Rehabilitation Act of 1973 (Rehab Act), have done much to improve the lives of disabled Americans in the workplace and in public life. Yet in healthcare, particularly healthcare financing, civil rights efforts have been stunted.

Civil rights in healthcare have failed for a number of reasons yet one reason is undoubtedly the …

Table Of Contents

Marquette Benefits and Social Welfare Law Review

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Disability Accessibility Guidebook For Mediators, Martha Simmons, David Lepofsky

Books

ADRIC launched this important new guidebook during the ADRIC 2017 Conference when co-author Martha Simmons presented a session on the topic. It was a resounding success.

This guidebook discusses the importance of accessibility in mediation and provides concrete suggestions to increase access to the mediation process.

The Importance Of Establishing Assistance Animal Policies In Your Library, Maureen Rust, Mary Wise

Library Scholarship

Many library employees do not understand fully the laws and rules regarding service animals and the rights of persons with disabilities who work with service animals. Employees do not necessarily know the differences between service animals, therapy animals, and emotional support animals. It is im- portant for employees of all public accommodations, such as libraries, to understand the differences and the rules that govern each category of animal, and when and if each category is allowed into the library. Employees need to know how to accommodate persons with disabilities and what questions they can ask legally, if they have reason …

The Impact Of Estate Of Howell: Guardianship, Heir Misbehavior, And The Modern Family Within Illinois, 50 J. Marshall L. Rev. 615 (2017), Michael Habic

UIC Law Review

This Comment shall discuss and evaluate the guardianship decision-making standard implemented in Estate of Howell as it relates to guardianships of disabled persons, and why Illinois has the best scheme for safeguarding the assets of a disabled adult when a guardian creates an estate plan on his or her behalf. The discussion is based on the holding in Estate of Howell that a guardian may act on behalf of the disabled adult’s interests and therefore the disabled adult’s last will and testament need not conform to the rules of intestacy, because of the hierarchical substituted judgment and best interests rule …

Legal Issues In Child Welfare Cases Involving Children With Disabilities, Joshua B. Kay, Frank E. Vandervort

Book Chapters

This chapter examines the legal framework applicable when child maltreatment and disability intersect. It begins with a brief description of the constitutional foundation forparent-child-state relations. It provides an overview of relevant federal child welfare laws, which today shape each state’s child protection system. It then considers the application of various federal laws governing work with children and families when a child has a disability. In doing so, we consider the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act, and we touch upon Social Security benefits for children. This chapter does not …

How Minnesota's Reliance On Private Group Homes Impacts The Rights Of Indviduals With Disabilities, Abbie J. Thurmes

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Editor, "Health Care Law And The Rights Of Individuals With Disabilities", Elizabeth Pendo

All Faculty Scholarship

People with disabilities are vulnerable. They carry high risk for poor health and health outcomes. As a group, they experience social disadvantages such as poverty, underemployment and unemployment, isolation, and discrimination at a higher rate than the general population. They also face multiple barriers to quality health care and report poorer health status than people without disabilities. This Special Issue will explore the key health disparities and barriers to health care experienced by people with disabilities, and explore the legal, ethical, and social issues they raise. It will investigate the legal requirements of the Americans with Disabilities and other antidiscrimination …

Data Note: Time From Vr Application To Closure In Employment For Adults With Intellectual Disabilities, Alberto Migliore, Uchenna Nwangwu, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

Getting a job as soon as possible after applying for vocational rehabilitation (VR) services is important for job seekers with intellectual disabilities. This DataNote describes how long it takes for job seekers with intellectual disabilities to go through the steps from application for VR services to determination of eligibility, completion of an individual employment plan, and closure into integrated employment.

What Is The Relationship Between Gender And Employment Status For Individuals With Idd? Findings From The National Core Indicators Adult Consumer Survey (Bringing Employment First To Scale, Issue No. 9), Kelly Nye-Lengerman, Caro Narby, Sandra Pettingell, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Gender-based discrimination is a persistent problem in the workforce. Like their peers without disabilities, women with intellectual and developmental disabilities (IDD) often have less opportunity to achieve employment outcomes as compared to their male counterparts.

Analysis of data from the 2012–2013 National Core Indicators (NCI) Adult Consumer Survey shows a disparity in access to community jobs between men and women. These data show that women are significantly less likely than men to have a paid job in the community. Among the sample of respondents who worked in a community setting, only about one third were women.

How Is Guardianship Status Related To Employment Status For People With Idd? Findings From The National Core Indicators Adult Consumer Survey (Bringing Employment First To Scale, Issue No. 10), Kelly Nye-Lengerman, Caro Narby, Sandra Pettingell, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Many individuals with intellectual and developmental disabilities, or IDD, have a legal guardian who assists them in making life decisions about housing, health, and employment. A recent analysis of data from the National Core Indicators (NCI) Adult Consumer Survey has found that people with IDD who were represented by a legal guardian were less likely to have paid employment than people who were their own legal guardians.

This finding may help us understand the role that legal guardians play in access to employment. If guardianship is a potential barrier to community-based work, then guardians need to be directly engaged in …

Engaging Families Effectively: Results From A Forums And Facebook Group Qualitative Research Study, John Kramer, Jennifer Bose, Eric Mcvay, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Attendees learned how families have modeled employment and advocated for their children to have early work experiences similar to those of their peers without disabilities. Attendees heard how the service system and families have tried to engage across language barriers and socioeconomic differences. The strategies that currently exist to inform families about transition and employment will be discussed, and juxtaposed to the common themes found throughout focus groups and interviews around what they proposed would be the best timing of engaging families about transition services, the best methods of disseminating transition process knowledge, the knowledge gaps, and the strategies that …

Partnerships In Employment: State Self-Assessment Toolkit For Systems Change In The Transition Of Youth And Young Adults With Intellectual And Developmental Disabilities From High School, Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This self-assessment tool was developed for those who wish to embark on state-wide governmental systems change to improve high school transition and employment outcomes for youth and young adults with intellectual and developmental disabilities (IDD). Its purpose is to aid in the development of a work plan that is based on a review of the state policies, practices, and strategies that impact transition from school and opportunities for competitive integrated employment of youth and young adults with IDD.

This tool incorporates research identifying elements of state government that support high rates of participation in integrated employment (Hall et al., 2007), …