30 results on '"*AMERICANS with Disabilities Act of 1990"'
Search Results
2. Medical Care vs. Medicalization: The Implications of the Fourth Circuit's Decision in Williams v. Kincaid
- Author
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Khursheed, Huma
- Subjects
Prisoners -- Demographic aspects -- Care and treatment -- Laws, regulations and rules ,Cruel and unusual punishment -- Laws, regulations and rules ,Health care disparities -- Remedies -- Laws, regulations and rules ,Transgender people -- Health aspects -- Care and treatment -- Laws, regulations and rules ,Equality before the law -- Laws, regulations and rules ,Disabled persons -- Demographic aspects -- Care and treatment -- Laws, regulations and rules ,Gender identity disorders -- Care and treatment -- Laws, regulations and rules ,Gender identity -- Laws, regulations and rules ,Sex change -- Access control -- Laws, regulations and rules ,Government regulation ,Law ,Williams v. Kincaid (45 F.4th 759 (4th Cir. 2022)) ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 (42 U.S.C. 2000e) ,United States Constitution (U.S. Const. amend. 8) - Abstract
Receiving gender-affirming care in the carceral setting--or any setting--remains a controversial and litigious process. Plaintiffs have relied on the Eighth Amendment, Title VII of the Civil Rights Act, and disability protections, all of which have led to inconsistent or inadequate outcomes among lower courts. However, receiving appropriate care can be the difference between life and death for those in need of it. The Fourth Circuit's decision in Williams v. Kincaid provides a path forward for those seeking gender-affirming care by clarifying the provision in the Americans with Disabilities Act ('ADA') that states its inapplicability to 'gender identity disorders not resulting from physical impairments' and discussing whether the law protects those with gender dysphoria. Ultimately, the Fourth Circuit held that the ADA protects individuals with gender dysphoria. However, as transformative as the decision may be, it revives concerns that have always existed about whether disability law adds to the stigma associated with the LGBT+ community, pathologizes aspects of people's identities, and gives credibility to those who seek to harm those communities by framing their identity as a diagnosis. While we should celebrate the increased access and protections that the ADA provides, we should be cautious of how it may further the marginalization that transgender and nonbinary persons experience. Furthermore, we should be cautious of overreliance on medical diagnosis when healthcare inequities are prevalent among the communities who stand to benefit the most from the ADA's protection. While relying on disability law to provide for the needs of transgender and nonbinary persons is one solution, we should think about other paths for expanding access to gender-affirming care. We should start by questioning the viability of the ADA's exclusion of 'gender identity disorders not resulting from physical impairments,' which has its roots in historic disapproval of LGBT+ communities. Though litigation is likely to continue on this issue in the years ahead, the hope is that the courts that have to decide whether or not to protect access to lifesaving care will provide a meaningful path forward to those whose lives depend on the recognition and affirmation of their identities and humanity., INTRODUCTION One of the most mainstream media portrayals of a transgender ('trans') person is that of Laverne Cox's character, Sophia Burset, in the Netflix series Orange is the New Black. [...]
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- 2023
3. Title VII - Religious Accommodations - Groff v. DeJoy
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Employment discrimination -- Laws, regulations and rules ,Workplace accommodation -- Laws, regulations and rules ,Religious discrimination -- Laws, regulations and rules ,Government regulation ,Law ,Groff v. DeJoy (143 S. Ct. 2279 (2023)) ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 (42 U.S.C. 2000e) - Abstract
Religious practice and disability are two of the only three statuses for which federal law protects the right to workplace accommodations. (1) For both, the law requires that employers provide [...]
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- 2023
4. CONSUMING THE HANGOVER: LEGAL CHANGE AND LITIGANT CHOICE
- Author
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Krell, Matthew Reid
- Subjects
Judicial process -- Laws, regulations and rules -- Research ,Employment discrimination -- Demographic aspects -- Laws, regulations and rules -- Research ,Dispute resolution (Law) -- Laws, regulations and rules -- Research ,Jurisprudence -- Analysis -- Research ,Discrimination against disabled persons -- Laws, regulations and rules -- Research ,Compromise and settlement -- Laws, regulations and rules -- Research ,Race discrimination -- Laws, regulations and rules -- Research ,Recall of judicial decisions -- Laws, regulations and rules -- Research ,Government regulation ,Law ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 (42 U.S.C. 2000e) - Abstract
Jurisprudential regimes theory (JRT) has argued that scholars could detect the effects of legal doctrine on Supreme Court decision-making by analyzing major changes in legal doctrine. Critics of JRT have argued that the evidence constitutes a simple statistical artifact and that appropriate analyses find no such results. I investigate whether changes in the legal regime affect judicial decision-making by changing the population of cases available for the courts to rule on. I find evidence that changes in the legal regime have contingent effects on decision-making. A decision that changed potential litigants' eligibility for bringing claims had negative effects on dispute generation and settlement payouts. A decision that made proof of claims easier for plaintiffs to establish increased litigant selection but decreased payouts, suggesting that plaintiffs may have reacted overconfidently. Finally, another decision that was believed to make plaintiffs' proof easier to show, but was widely disregarded, increased payouts in all cases. That decision had an initial positive effect on settlements that later shifted, suggesting that litigants saw the way lower courts were treating the decision and shifted away from their pro-plaintiff positioning. Taken together, these results offer evidence that merely asking if law constrains judicial decision-making is an incomplete inquiry. Litigants change their behavior in response to changes in the law, which affects the sample of cases that judges get to decide., INTRODUCTION 397 I. THE STATE OF KNOWLEDGE 403 A. The Doctrine: Changing Employment Law in the 1990s AND 2000s 403 1. Quantitative Analysis of Case Outcomes in Employment Law 404 [...]
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- 2023
5. BEYOND TITLE VII: LITIGATING HARASSMENT BY NONEMPLOYEES UNDER THE ADA AND ADEA
- Author
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Bradley, Kate
- Subjects
Hostile work environment -- Demographic aspects -- Evidence -- Laws, regulations and rules ,Conflict of judicial decisions -- Evaluation ,Harassment (Law) -- Demographic aspects -- Standards -- Laws, regulations and rules ,Employment discrimination -- Demographic aspects -- Laws, regulations and rules -- Remedies ,Evidence (Law) -- Laws, regulations and rules ,Employer liability -- Evidence -- Laws, regulations and rules ,Constitutional law -- Interpretation and construction ,Discrimination against disabled persons -- Laws, regulations and rules -- Remedies ,Age discrimination -- Laws, regulations and rules -- Remedies ,Government regulation ,Law ,Age Discrimination in Employment Act of 1967 ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 (42 U.S.C. 2000e) - Abstract
Employees in the United States are protected from unlawful harassment that rises to the level of a 'hostile work environment.' Federal circuits recognize that employers could be liable under Title VII when their employees experience hostile work environments because of harassment from nonemployees. However, outside of Title VII, not all federal circuits have recognized that the Americans with Disabilities Act of 1990 (ADA) and Age Discrimination in Employment Act of 1967 (ADEA) protect employees from hostile work environments. As a result, employees are vulnerable with respect to age and disability-based harassment. This Comment argues that all federal circuits should allow hostile work environment claims under the ADA and ADEA. The reasons to recognize hostile work claims under the ADA and ADEA are simple but powerful: to uphold uniformity in federal law, protect American workers equally from harassment based on a protected characteristic, and recognize the influence of Title VII. Additionally, this Comment argues that liability should extend under the ADA and ADEA when employees experience hostile work environments due to nonemployee harassment. Because Title VII, the ADA, and the ADEA each intend to prohibit unlawful discrimination in employment, the ADA and ADEA should be treated the same as Title VII in this context., INTRODUCTION A customer walks into the same bank every day and harasses an employee because of their age or disability. This repeated harassment creates a hostile work environment that interferes [...]
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- 2023
6. COMMITTED TO COMMITMENT: THE PROBLEM WITH WASHINGTON STATE'S INVOLUNTARY TREATMENT ACT
- Author
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Garland, Hannah
- Subjects
Involuntary treatment -- Laws, regulations and rules -- Management -- Remedies ,Civil commitment -- Laws, regulations and rules -- Management -- Remedies ,Government regulation ,Company business management ,Law ,Olmstead v. L.C. ex rel. Zimring (527 U.S. 581 (1999)) ,Washington. Involuntary Treatment Act of 1973 ,Americans with Disabilities Act of 1990 - Abstract
Washington State utilizes the Involuntary Treatment Act (ITA) to civilly commit individuals experiencing behavioral health crises. Although civil commitment involves stripping away fundamental rights, it receives less attention than criminal incarceration. The ITA is meant to protect not just the general community, but also the rights of people with behavioral health disorders who utilize the ITA system. Yet, its implementation tells a different story. Individuals in King County are detained and committed repeatedly, without receiving consistent care. Furthermore, the ITA disproportionately impacts unhoused individuals and Black individuals. As the ITA continues to grow both in utilization and expense, other community-based behavioral health interventions are unable to thrive. This is not just a social services issue: the implementation of the ITA in King County does not comply with the Americans with Disabilities Act or Washington's constitutional duty to foster and support institutions for individuals who are 'mentally ill.' Implementation of civil commitment law in King County is ethically and legally questionable, and raises disturbing questions about civil commitment statewide. This Comment suggests that federal litigation may be necessary to persuade state and local governments to alter how they implement the ITA and to bring that implementation into alignment with state and federal disability law., INTRODUCTION In 2019, Michael's (1) mother took the stand to testify that she thought her son should be involuntarily committed. She was tearful as she explained that she could not [...]
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- 2022
7. Love, Marriage, & Neurodiversity: Using Neuroscience to Equalize Marriage Rights for People with Intellectual & Developmental Disabilities Under Guardianship Arrangements
- Author
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Leib-Neri, Marisa A.
- Subjects
Mentally disabled persons -- Laws, regulations and rules -- Social aspects ,Marriage law -- Psychological aspects -- Demographic aspects -- Evaluation ,Conservatorships -- Laws, regulations and rules -- Standards ,Decision support systems -- Models -- Standards ,Equality before the law -- Laws, regulations and rules ,Neurosciences -- Laws, regulations and rules -- Research -- Analysis ,Self-determination theory (Psychology) -- Analysis ,Developmentally disabled -- Laws, regulations and rules -- Social aspects ,Discrimination against disabled persons -- Laws, regulations and rules -- Social aspects ,Guardian and ward -- Laws, regulations and rules -- Standards ,Government regulation ,Decision support software ,Law ,Americans with Disabilities Act of 1990 ,Comprehensive and Integral Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, 2006 (art. 14) ,United States Constitution (U.S. Const. amend. 14) - Abstract
ABSTRACT: People with intellectual and developmental disabilities ('IDD') are subjected to strict control through guardianship arrangements. While guardianships are meant to protect people with TDD, they often strip people of [...]
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- 2023
8. Holes in the Screen? Lawyers are questioning whether artificial intelligence discriminates in child neglect case assessments
- Author
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Dooley, Laurel-Ann
- Subjects
Artificial intelligence -- Ethical aspects -- Laws, regulations and rules ,Child abuse -- Demographic aspects -- Investigations -- Laws, regulations and rules ,Risk assessment -- Demographic aspects -- Ethical aspects -- Laws, regulations and rules ,Disabled parents -- Laws, regulations and rules ,Custody of children -- Demographic aspects -- Laws, regulations and rules ,Discrimination against disabled persons -- Innovations -- Remedies -- Laws, regulations and rules ,Company legal issue ,Government regulation ,Artificial intelligence ,Law ,Americans with Disabilities Act of 1990 - Abstract
When Andrew and Lauren Hackney followed their doctor's advice in caring for their baby, the Pennsylvania parents never dreamed it would lead to losing custody of their 7-month-old daughter--or that [...]
- Published
- 2023
9. The Social Security Apocalypse: Manipulating Zombie Factors to Deny Mentally Ill Claimants
- Author
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Goldstein, Annie
- Subjects
United States. Social Security Administration -- Powers and duties ,Mentally ill -- Laws, regulations and rules -- Compensation and benefits ,Examiners (Administrative procedure) -- Powers and duties ,Activities of daily living -- Laws, regulations and rules ,Social security -- Laws, regulations and rules ,Disability insurance -- Laws, regulations and rules ,Government regulation ,Law ,Americans with Disabilities Act of 1990 ,Rehabilitation Act of 1973 (29 U.S.C 794) - Abstract
CONTENTS INTRODUCTION I. RESPONSES TO THE ZOMBIES AND THEIR FAULTS A. District and Circuit Courts' Inconsistent Reactions to Using Zombie Factors as Tools to Assess Disability B. Criticisms of Using [...]
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- 2022
10. FROM HEALTHCARE TO HIRING: IMPACTS OF SOCIAL AND PUBLIC POLICY ON DISABLED VETERANS IN THE UNITED STATES
- Author
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Stoflet, Benjamin Michael
- Subjects
Employment discrimination -- Laws, regulations and rules -- Military aspects -- Remedies ,Disabled veterans -- Care and treatment -- Employment -- Laws, regulations and rules ,Discrimination against disabled persons -- Laws, regulations and rules -- Military aspects -- Remedies ,Government regulation ,Health ,Law ,Americans with Disabilities Act of 1990 ,Uniformed Services Employment and Reemployment Rights Act of 1994 - Abstract
TABLE OF CONTENTS I. Introduction 65 II. Background 66 A. Historical Blueprints: Disability And Employment Law In America 66 B. The Division Of America's Disabled Population 70 III. Discussion 73 [...]
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- 2022
11. THE DISABILITY COST NARRATIVE: A ROUNDTABLE DISCUSSION
- Subjects
Discrimination in public accommodations -- Economic aspects -- Demographic aspects -- Health aspects ,Workplace accommodation -- Economic aspects -- Demographic aspects -- Health aspects ,Disabled persons -- Laws, regulations and rules -- Economic aspects ,Access for the disabled -- Economic aspects -- Social aspects -- Laws, regulations and rules ,Government regulation ,Law ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 - Abstract
The dominance of 'cost narratives' in disability law and discourse warranted the inclusion of a scholarly roundtable discussion devoted to the topic. The transcription below captures this discussion among three [...]
- Published
- 2022
12. CONTESTING THE CARCERAL STATE WITH DISABILITY FRAMES: CHALLENGES AND POSSIBILITIES
- Author
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Morgan, Jamelia
- Subjects
Prisoners -- Remedies -- Demographic aspects -- Health aspects ,Disabled persons -- Laws, regulations and rules ,Government regulation ,Law ,Americans with Disabilities Act of 1990 - Abstract
INTRODUCTION 1905 I. DISABILITY FRAMES IN CONDITIONS OF CONFINEMENT LITIGATION 1910 A. Stigmatizing Disability Frames 1912 B. Productive Disability Frames 1916 II. DISABILITY RIGHTS AND DISABILITY JUSTICE MOVEMENTS: FROM PRISON [...]
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- 2022
13. MAKING ME ILL: ENVIRONMENTAL RACISM AND JUSTICE AS DISABILITY
- Author
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Wilson, Britney R.
- Subjects
New York, New York. Housing Authority -- Cases ,United States. Environmental Protection Agency ,Shintech Inc. -- Cases ,Gums and resins industry ,Administrative courts -- Environmental policy -- Social policy -- Health policy ,Racism -- Environmental aspects -- Health aspects ,Disabled persons -- Laws, regulations and rules -- Demographic aspects -- Environmental aspects ,Environmental justice -- Demographic aspects -- Health aspects -- Laws, regulations and rules -- Research ,Company legal issue ,Government regulation ,Law ,Village of Arlington Heights v. Metropolitan Housing Development Corp. (429 U.S. 252 (1977)) ,South Camden Citizens in Action v. New Jersey Department of Environmental Protection (274 F.3d 771 (3d Cir. 2001)) ,Bean v. Southwestern Waste Management Corp. (782 F.2d 1038 (5th Cir. 1979)) ,Harrisburg Coalition Against Ruining the Environment v. Volpe (330 F. Supp. 918 (M.D. Pa. 1971)) ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 (tit. 7) ,United States Constitution (U.S. Const. amend. 14) - Abstract
Civil rights legal scholars and practitioners have lamented the constraints of the largely intent-based legal framework required to challenge racial discrimination and injustice. As a result, they have sought alternative methods that seemingly require less overt proof of discrimination and are more equipped to address structural harm. One of these proposed solutions involves the use of the Americans with Disabilities Act (ADA)--due to its affirmative mandate to address discrimination by reasonable modification or accommodation--and the framing of issues of racial injustice in terms of disability or the deprivation of medical rights. Environmental justice, an area in which issues of both race and disability are salient and affect one another, is one such context in which advocates have tried to use the ADA to challenge broader structural harm. This Article analyzes cases in which practitioners have used the ADA to challenge issues of environmental injustice to examine the purported utility of the ADA, and disability and medicalization framing, more generally, in addressing structural racism and injustice. Specifically, I discuss the attempted use of the ADA to stop the construction of a petrochemical plant in 'Cancer Alley,' Louisiana and to challenge mold on behalf of public housing residents in New York City. The use of the ADA to challenge environmental injustice has clear legal and social justice narrative benefits that explain its appeal, including the required inclusion of people with disabilities in environmental justice campaigns that disproportionately impact them, but from which they are often left out--except for as examples of the negative consequences of harm. However, the promise of these legal theories has not been adequately tested to proffer the ADA as a true alternative to race-based civil rights laws, and there are many suggestions that it is not. Furthermore, the use of disability as both narrative harm and legal strategy in environmental justice campaigns raises important considerations for racism and ableism as interrelated institutional harms. Therefore, any attempt to expand the disability frame in this direction requires an understanding of racism that does not exclude or otherwise undervalue ableism and vice versa. Otherwise, we risk perpetuating the same problems., Introduction 1723 I. Environmental Justice as a Field of Advocacy 1726 A. History and Origins 1726 B. Environmental Justice and Public Health 1728 II. The Limitations of the Civil Rights [...]
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- 2022
14. THE AMERICANS WITH DISABILITIES ACT'S UNREASONABLE FOCUS ON THE INDIVIDUAL
- Author
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Colker, Ruth
- Subjects
Discrimination in public accommodations -- Laws, regulations and rules -- Demographic aspects -- Health aspects ,Workplace accommodation -- Laws, regulations and rules ,Disabled persons -- Laws, regulations and rules ,Government regulation ,Law ,U.S. Airways v. Barnett (535 U.S. 391 (2002)) ,Professional Golfers' Ass'n Tour v. Martin (532 U.S. 661 (2001)) ,Vande Zande v. Wisconsin Department of Administration (44 F.3d 538 (7th Cir. 1995)) ,Americans with Disabilities Act of 1990 - Abstract
In this Article, I argue that the requirement to claim status as an 'individual with a disability' to seek reasonable accommodations under the Americans with Disabilities Act undermines the advancement of structural reform that could promote broad conceptions of disability justice. I urge the reader to consider how the ADA could better advance disability justice if we focused on its ex ante requirements rather than the post hoc rules made possible by the statute's reasonable accommodation requirement. It makes more sense to build a society under the expectation that people with a range of disabilities will be part of our community than make one-at-a-time retrofits after someone identifies themself as disabled. One should not need to publicly claim disability to be treated with compassion and respect., INTRODUCTION 1814 I. The Reasonable Accommodation Concept 1820 A. The Statute 1820 B. The Case Law 1823 C. The Costs 1830 II. Critical Examination of Reasonable Accommodation Requirement 1835 A. [...]
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- 2022
15. THE DISABILITY FRAME
- Author
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Harris, Jasmine E. and Tani, Karen M.
- Subjects
Public health law -- Interpretation and construction -- Political aspects -- Demographic aspects -- Education ,Disabled persons -- Laws, regulations and rules -- Demographic aspects ,Government regulation ,Law ,Americans with Disabilities Act of 1990 - Abstract
'According to ADA Masks Not Required Anywhere in America!' (1) So read a flyer circulated on Facebook in the summer of 2020, as the global COVID-19 pandemic raged and mask [...]
- Published
- 2022
16. The Right to Dignified Menstruation at Work?
- Author
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Karin, Marcy L.
- Subjects
Wellness programs -- Laws, regulations and rules -- Management ,Social movements -- Laws, regulations and rules ,Employment discrimination -- Laws, regulations and rules ,Sex discrimination -- Laws, regulations and rules ,Menopause -- Laws, regulations and rules -- Health aspects -- Social aspects ,Human rights -- Laws, regulations and rules ,Menstruation -- Laws, regulations and rules -- Health aspects -- Social aspects ,Workplace accommodation -- Laws, regulations and rules ,Occupational health and safety -- Laws, regulations and rules ,Stigma (Social psychology) -- Laws, regulations and rules -- Social aspects ,Government regulation ,Company business management ,Law ,Political science ,Social sciences ,Family and Medical Leave Act of 1993 ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 (42 U.S.C. 2000e) ,Occupational Safety and Health Act of 1970 - Abstract
Systemic barriers related to stigma and subordination at work exist because of menstruation and related conditions. This results from the failure of many workplaces to acknowledge, anticipate, or accommodate the [...]
- Published
- 2023
17. Clarification or Expansion of Workplace Religious Expression?
- Author
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Schickman, Mark I.
- Subjects
Work environment -- Laws, regulations and rules ,Hardship (Law) -- Laws, regulations and rules ,Equality before the law -- Laws, regulations and rules ,Workplace accommodation -- Laws, regulations and rules ,Freedom of religion -- Laws, regulations and rules ,Government regulation ,Law ,Political science ,Social sciences ,303 Creative LLC v. Elenis (405 F. Supp. 3d 907 (D. Colo. 2019)) ,Kennedy v. Bremerton School District (142 S. Ct. 2407 (2022)) ,Trans World Airlines v. Hardison (432 U.S. 63 (1977)) ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 (42 U.S.C. 2000e) ,United States Constitution (U.S. Const. amend. 1) - Abstract
Title VII of the Civil Rights Act of 1964, as amended in 1972, prohibits discrimination on the basis of a series of categories, including religion and 'all aspects of belief, [...]
- Published
- 2023
18. Work Hours and Disability Justice
- Author
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Cox, Jeannette
- Subjects
Work hours -- Demographic aspects -- Laws, regulations and rules -- Remedies ,Workplace accommodation -- Demographic aspects -- Laws, regulations and rules ,Disabled persons -- Employment -- Laws, regulations and rules ,Part-time employment -- Access control -- Laws, regulations and rules -- Usage ,Government regulation ,Law ,Americans with Disabilities Act of 1990 - Abstract
Courts frequently conclude that the Americans with Disabilities Act (ADA) cannot curb the common employer practice of firing or refusing to hire people unable to work forty or more hours per week. Even courts that occasionally require temporary part-time schedule accommodations typically do so only to facilitate a prompt return to standard hours. They fail to acknowledge that the ADA also requires employers to accommodate long-term disabilities. Close examination of the case law suggests that two factors influence courts' treatment of the ADA's part-time schedule accommodation. First, case law incongruities confirm Michelle Travis's hypothesis that the forty-hour norm heavily influences courts' thinking about the reasonableness of part-time schedule accommodations. Second, the case law suggests that courts are sensitive to the reality that existing part-time and full-time opportunities differ on metrics other than total compensation and hours worked, such as per-hour compensation, benefits eligibility, and advancement opportunities. Courts fear that implementing the ADA's part-time schedule accommodation would result in higher quality part-time opportunities than are otherwise currently available. These insights suggest that increasing the availability and status of part-time work would reduce courts' concern that the ADA's part-time schedule accommodation creates an unusually favored class of part-time workers. Similarly, removing structural incentives that lead employers to prefer long hours may reduce courts' reluctance to acknowledge that the ADA modifies long-hours culture. These reforms would not only benefit people with disabilities but would also assist the large number of people--disabled and not--disadvantaged by the current bifurcation between standard 'full-time' positions and more marginal 'part-time' work., TABLE OF CONTENTS INTRODUCTION I. THE UNFULFILLED PROMISE OF PART-TIME SCHEDULE ACCOMMODATIONS II. COURTS' ATEXTUAL RATIONALES FOR IGNORING THE ADA'S PART-TIME SCHEDULE ACCOMMODATION A. THE 'PART-TIME POSITIONS DO NOT EXIST' [...]
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- 2022
19. INCORPORATING TOOLS AND TECHNICAL GUIDELINES INTO THE WEB ACCESSIBILITY LEGAL FRAMEWORK FOR ADA TITLE III PUBLIC ACCOMMODATIONS
- Author
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Lazar, Jonathan, Jordan, J. Bern, and Wentz, Brian
- Subjects
Automation -- Management -- Laws, regulations and rules -- Demographic aspects ,Frivolous suits (Civil procedure) -- Analysis -- Prevention -- Laws, regulations and rules ,Compensation (Law) -- Laws, regulations and rules ,Computers -- Services ,Discrimination in public accommodations -- Analysis -- Remedies -- Laws, regulations and rules ,Web sites -- Design and construction ,Mechanization -- Management -- Laws, regulations and rules -- Demographic aspects ,Access for the disabled -- Laws, regulations and rules -- Management -- Evaluation ,Pleading -- Laws, regulations and rules ,Government regulation ,Company business management ,Law ,Americans with Disabilities Act of 1990 - Abstract
INTRODUCTION 305 I. AUTOMATED TOOLS AND GUIDELINES FOR WEB ACCESSIBILITY 308 A. GUIDELINES 310 B. AUTOMATED TOOLS 312 II. EXISTING LEGAL FRAMEWORK FOR WEB ACCESSIBILITY 314 A. STATUTES 314 B. [...]
- Published
- 2022
20. DISABILITY LAW - AMERICANS WITH DISABILITIES ACT - NINTH CIRCUIT HOLDS THAT AMERICANS WITH DISABILITIES ACT PROHIBITS IMPOSING CERTIFICATION REQUIREMENT ON ANIMAL WHO MEETS FUNCTIONAL DEFINITION OF 'SERVICE DOG
- Subjects
Service dogs -- Case notes ,Discrimination against disabled persons -- Case notes ,Law ,C.L. v. Del Amo Hospital (992 F.3d 901 (9th Cir. 2021)) ,Americans with Disabilities Act of 1990 - Abstract
DISABILITY LAW--AMERICANS WITH DISABILITIES ACT--NINTH CIRCUIT HOLDS THAT AMERICANS WITH DISABILITIES ACT PROHIBITS IMPOSING CERTIFICATION REQUIREMENT ON ANIMAL WHO MEETS FUNCTIONAL DEFINITION OF 'SERVICE DOG.'--C.L. v. Del Amo Hospital, Inc., [...]
- Published
- 2022
21. Permitting After-Acquired Evidence of Employee Qualifications Perpetuating a McKennon Distinction Without a Difference
- Author
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Miller, Katherine E.
- Subjects
Estoppel -- Laws, regulations and rules ,Summary judgments -- Laws, regulations and rules ,Employment discrimination -- Laws, regulations and rules -- Evidence ,Fraud -- Evidence -- Laws, regulations and rules ,Evidence, Prima facie -- Laws, regulations and rules ,Professional misconduct -- Evidence -- Laws, regulations and rules ,Discovery (Law) -- Laws, regulations and rules ,After-acquired evidence (Law) -- Laws, regulations and rules ,Government regulation ,Law ,McKennon v. Nashville Banner Publishing Co. (513 U.S. 352 (1995)) ,Anthony v. TRAX International Corp. (955 F.3d 1123 (9th Cir. 2020)) ,Age Discrimination in Employment Act of 1967 ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 (42 U.S.C. 2000e) - Abstract
'A bove all, the [Americans with Disabilities Act] is about one clear and forth-right message: That discrimination of any kind has no place in America.... Discrimination no longer has a [...]
- Published
- 2022
22. JUSTICE FOR THE MENOPAUSE: A RESEARCH AGENDA
- Author
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Cahn, Naomi R.
- Subjects
Menopause -- Analysis -- Laws, regulations and rules -- Political aspects ,Sex discrimination against women -- Health aspects -- Laws, regulations and rules -- Remedies ,Age discrimination -- Health aspects -- Laws, regulations and rules -- Remedies ,Government regulation ,Law ,Women's issues/gender studies ,Age Discrimination in Employment Act of 1967 ,Americans with Disabilities Act of 1990 ,Pregnancy Discrimination Act of 1978 - Abstract
Menopause is not a punch line. (1) Menopause is defined by its relationship to menstruation--it is the cessation of menstruation. Medical texts identify menopause as part of the cycle of [...]
- Published
- 2021
23. Constitutional Law - Supreme Court Expands Ministerial Exception to Lay Teachers at Catholic Elementary Schools - Our Lady of Guadalupe School v. Morrissey-Berru
- Author
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Ferris, Kelsie A.
- Subjects
Exceptions (Law) -- Laws, regulations and rules ,Employment discrimination -- Laws, regulations and rules ,Catholic schools -- Laws, regulations and rules ,Teachers -- Religious aspects -- Laws, regulations and rules ,Freedom of religion -- Laws, regulations and rules ,Government regulation ,Law ,St. James School v. Biel (140 S. Ct. 2049 (2020)) ,Age Discrimination in Employment Act of 1967 ,Americans with Disabilities Act of 1990 ,Civil Rights Act of 1964 (42 U.S.C. 2000e) ,United States Constitution (U.S. Const. amend. 1) - Abstract
Constitutional Law--Supreme Court Expands Ministerial Exception to Lay Teachers at Catholic Elementary Schools--Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020). The First Amendment to the United [...]
- Published
- 2021
24. The Heart of the Discrimination Problem: Insufficient State Protection for People with Intellectual and Developmental Disabilities In the Organ Transplant Process
- Author
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Neuberg, Isabella G.
- Subjects
Transplantation of organs, tissues, etc. -- Laws, regulations and rules -- Remedies ,Discrimination in medical care -- Laws, regulations and rules -- Remedies ,Mental retardation -- Laws, regulations and rules -- Care and treatment -- Remedies ,Federalism -- Analysis ,Government regulation ,Law ,Americans with Disabilities Act of 1990 ,Rehabilitation Act of 1973 (29 U.S.C. 794) - Abstract
ABSTRACT: People with intellectual and developmental disabilities continue to face discrimination in the organ transplant process despite federal laws prohibiting such discrimination. Some states have passed legislation specifically prohibiting discrimination [...]
- Published
- 2022
25. The Law on Website and Mobile Accessibility Continues to Grow at a Glacial Pace Even as Lawsuit Numbers Reach Ail-Time Highs
- Author
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Vu, Minn, Launey, Kristina, and Egan, John
- Subjects
Computers -- Services ,Discrimination in public accommodations -- Prevention -- Remedies -- Laws, regulations and rules ,Access for the disabled -- Laws, regulations and rules ,Discrimination against disabled persons -- Prevention -- Remedies -- Laws, regulations and rules ,Judicial statistics -- Analysis ,Government regulation ,Business, general ,Business ,Law ,Americans with Disabilities Act of 1990 - Abstract
Website accessibility laws are evolving slowly and businesses are eager for guidance in this uncertain landscape. Over the past decade, courts have been increasingly inundated with lawsuits filed by individuals [...]
- Published
- 2022
26. Court case launched to declare assisted suicide unlawful and unconstitutional in the US
- Author
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Schadenberg, Alex
- Subjects
Right to die -- Laws, regulations and rules ,Assisted suicide -- Cases ,Company legal issue ,Government regulation ,Law ,Political science ,Sociology and social work ,Americans with Disabilities Act of 1990 - Abstract
This is my first analysis of the court case that was launched on April 25, 2023, to have the California assisted suicide law declared unlawful and unconstitutional. Future articles will [...]
- Published
- 2023
27. Anything Less Is Less than Equal: The Structure and Goals of the Equality Act
- Author
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Pizer, Jennifer C.
- Subjects
Employment discrimination -- Prevention -- Remedies -- Laws, regulations and rules ,Sex discrimination -- Prevention -- Remedies -- Laws, regulations and rules ,Sexual orientation -- Laws, regulations and rules ,Discrimination in public accommodations -- Prevention -- Remedies -- Laws, regulations and rules ,Gender identity -- Laws, regulations and rules ,Sexual minorities -- Laws, regulations and rules -- Crimes against ,Freedom of religion -- Laws, regulations and rules ,Government regulation ,Law ,Political science ,Social sciences ,Bostock v. County of Clayton (140 S. Ct. 1731 (2020)) ,Employment Non-Discrimination Act of 2013 (Draft) ,Religious Freedom Restoration Act of 1993 ,Americans with Disabilities Act of 1990 ,Equality Act of 2021 (Draft) ,Civil Rights Act of 1964 (42 U.S.C. 2000e) - Abstract
The Equality Act is a federal bill pending in Congress that is designed to provide broad, nationwide protections against discrimination based on sex, sexual orientation, or gender identity that are [...]
- Published
- 2022
28. Care of Students with Disabilities in Schools: A Team Approach.
- Author
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Johnson, Kathleen
- Subjects
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CIVIL rights , *OCCUPATIONAL roles , *SPECIAL education , *SOCIAL support , *SOCIAL determinants of health , *CODES of ethics , *NURSING , *PARENTS of children with disabilities , *LEADERSHIP , *SOCIAL justice , *SPECIAL education schools , *SCHOOL nursing , *NURSING practice , *NURSES , *PSYCHOSOCIAL factors , *HEALTH care teams , *INTERPROFESSIONAL relations , *MEDICAL needs assessment , *LEGAL status of students with disabilities , *AMERICANS with Disabilities Act of 1990 , *LEGISLATION , *LAW ,UNITED States. Individuals with Disabilities Education Act - Abstract
Society benefits when every person has the education and skills to contribute to the best of their abilities. Education is fundamental to that ability to contribute. Access to education is a social determinant of health that can predict a student's future health, contributions, and financial opportunity even into adulthood and a potential future family. This article introduces a case study of a student with a disability and with discussion and application of statutes requiring a free and appropriate public education. The discussion includes history of support for students with disabilities, the school nurse role, and principles of nursing support, including resources for practice. Finally, a brief description provides information about important professionals who can contribute as members of the school team. Supporting students with disabilities in schools provides the foundation for their ability to function and contribute as adults. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
29. Seeking help for burnout may be a gamble for doctors.
- Author
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Weber, Steph
- Subjects
EMPLOYMENT discrimination ,PSYCHOLOGICAL burnout ,SICK leave ,HELP-seeking behavior ,PHYSICIANS' attitudes ,EMPLOYEES' workload ,HEALTH ,ACCEPTANCE & commitment therapy ,AMERICANS with Disabilities Act of 1990 ,COGNITIVE therapy ,LAW - Abstract
The article focuses on a case where a physician's job offer was rescinded after seeking help for burnout, highlighting potential career consequences for doctors open about their struggles. Topics include the physician's experience with Centura Health, the legal implications of the case regarding anti-discrimination laws and the Americans with Disabilities Act, and the broader issue of physician burnout and its impact on medical professionals' well-being and patient care.
- Published
- 2023
30. Study: Many physicians are unaware of their obligations under ADA: Thirty-six percent of respondents had little to no knowledge of legal responsibilities under the ADA.
- Author
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BENDIX, JEFF
- Subjects
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MEDICAL quality control , *HEALTH services accessibility , *DISCRIMINATION (Sociology) , *QUALITY of life , *COMMUNICATION , *PHYSICIANS , *AMERICANS with Disabilities Act of 1990 , *COVID-19 pandemic , *HEALTH care rationing , *LEGISLATION , *LAW - Abstract
The article discusses the findings of a survey of physicians in outpatient practices in the U.S. regarding their perceptions of people with disabilities, more than 30 years after the passage of the Americans With Disabilities Act (ADA). Topics covered include the belief by the majority that people with disabilities have worse quality of life than those without, and findings which suggest that a large number of physicians might hold biased or stigmatized perceptions of people with disability.
- Published
- 2022
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