1,597 results on '"*AMERICANS with Disabilities Act of 1990"'
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2. Tech Tools in Pandemic-Transformed Information Literacy Instruction: Pushing for Digital Accessibility.
- Author
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Rybin Koob, Amanda, Ibacache Oliva, Kathia Salomé, Williamson, Michael, Lamont-Manfre, Marisha, Hugen, Addie, and Dickerson, Amelia
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COMPUTER software , *SCHOOL environment , *CELL phones , *COMPUTERS , *DIGITAL technology , *MOBILE apps , *INFORMATION literacy , *INTERNET access , *ACCESS to information , *TEACHING aids , *ASSISTIVE technology , *EDUCATIONAL technology , *DESCRIPTIVE statistics , *COVID-19 pandemic , *AMERICANS with Disabilities Act of 1990 , *VIDEO recording , *GRAPHICAL user interfaces , *EDUCATION - Abstract
Inspired by pandemic-transformed instruction, this paper examines the digital accessibility of five tech tools used in information literacy sessions, specifically for students who use assistive technologies such as screen readers. The tools are Kahoot!, Mentimeter, Padlet, Jamboard, and Poll Everywhere. First, we provide an overview of the Americans with Disabilities Act (ADA) and digital accessibility definitions, descriptions of screen reading assistive technology, and the current use of tech tools in information literacy instruction for student engagement. Second, we examine accessibility testing assessments of the five tech tools selected for this paper. Our data show that the tools had severe, significant, and minor levels of digital accessibility problems, and while there were some shared issues, most problems were unique to the individual tools. We explore the implications of tech tools' unique environments as well as the importance of best practices and shared vocabularies. We also argue that digital accessibility benefits all users. Finally, we provide recommendations for teaching librarians to collaborate with campus offices to assess and advance the use of accessible tech tools in information literacy instruction, thereby enhancing an equitable learning environment for all students. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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3. EMOTIONALLY HARMED? IT MIGHT NOT MATTER: AN ANALYSIS OF CUMMINGS K PREMIER REHAB KELLER AND ITS IMPLICATIONS FOR TITLE H OF THE AMERICANS WITH DISABILITIES ACT OF 1990.
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Zhupa, Sotir
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AMERICANS with Disabilities Act of 1990 , *LIABILITY for emotional distress , *DAMAGES (Law) , *DISCRIMINATION against people with disabilities ,PATIENT Protection & Affordable Care Act - Abstract
The article focuses on the implications of the Cummings v. Premier Rehab Keller decision for Title II of the Americans with Disabilities Act (ADA). It mentions emotional distress damages under disability discrimination laws like Section 504 of the Rehabilitation Act and Section 1557 of the Patient Protection and Affordable Care Act. Topics include the historical and legal context of these statutes, the Court's reasoning in Cummings and the potential impact on future disability discrimination.
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- 2024
4. THE AMERICANS WITH DISABILITIES ACT: WEBSITE ACCESSIBILITY AND A FOREIGN SOLUTION TO A DOMESTIC PROBLEM.
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TOYE, JAMES
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WEB accessibility , *AMERICANS with Disabilities Act of 1990 , *ACTIONS & defenses (Law) , *DISCRIMINATION against people with disabilities , *WEBSITE access control , *GOVERNMENT policy - Abstract
In the article, the author discusses website accessibility law issues under the Americans with Disabilities Act (ADA) of 1990 and how to address them. ADA aims to eliminate discrimination based on disabilities. Also cited are the rapid rise of federal lawsuits due to violations of ADA's Title III and the efforts by foreign governments and standard-setting organizations like the World Wide Web Consortium (W3C) to ensure internet accessibilityfor all users.
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- 2024
5. Legal Issues and Opportunities Associated With Serving Children With Pediatric Feeding Disorders in Schools.
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Power-deFur, Lissa A.
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CHILD care laws , *CHILD welfare , *CHILDREN'S health , *INTERPROFESSIONAL relations , *CHILD nutrition , *NUTRITIONAL requirements , *CHILDREN'S accident prevention , *HUMAN rights , *MEDICAL needs assessment , *SPECIAL education , *GOVERNMENT regulation , *RULES , *SPEECH therapy , *AMERICANS with Disabilities Act of 1990 , *CIVIL rights ,SCHOOL health service laws ,UNITED States. Individuals with Disabilities Education Act - Abstract
Purpose: This review of federal statutes, regulations, administrative directions, and case law related to special education, disabilities, and school nutrition is designed to provide speech-language pathologists (SLPs) with information essential for determining eligibility children with pediatric feeding disorder (PFD). Despite the absence of mention of dysphagia or PFD in federal statutes and regulations, special education, disability, and school food service requirements provide direction for serving children with health care needs, which include children with dysphagia. The federal requirements, court cases, and policy interpretations are detailed to provide guidance to SLPs and their school teams when working with children with PFDs. Method: Federal statutes and regulations, administrative directions, and case law were reviewed. This review details the application of federal statutes and regulations for children with PFDs. Furthermore, administrative direction and case law identify the importance of attending to the safety of children with dysphagia. Results: As a result of this review, sections of the various federal statutes and regulations that support provision of services to children with PFD are identified. In addition, information from case law and administrative reviews further highlights the importance of attending to the rights and needs of children with PFD. Conclusions: The rights of all children with disabilities are established through statutes, regulations, and case law, and children with PFDs benefit from these rights. These requirements can guide SLPs in working with school teams, so that children with dysphagia can be found eligible for and receive school-based services for dysphagia. [ABSTRACT FROM AUTHOR]
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- 2024
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6. WHEN YOU CANNOT"LOOK BOTH WAYS": ACCESSIBLE PEDESTRIAN SIGNALS AND THE ADA.
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Egan, Becky
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PEOPLE with visual disabilities , *PEDESTRIANS , *AUTOMOBILE signals & signaling , *AMERICANS with Disabilities Act of 1990 , *ACTIONS & defenses (Law) - Abstract
The article focuses on the accessibility challenges faced by visually impaired individuals, particularly at street intersections, and the role of Accessible Pedestrian Signals (APS) in addressing these challenges. It discusses the legal framework provided by the Americans with Disabilities Act (ADA) and related statutes, examines relevant court cases, and advocates for the implementation of APS as a solution to enhance the independent navigation of blind and low-vision pedestrians.
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- 2024
7. The struggle for access – a qualitative document study of how people using wheeled mobility devices experience exclusion and discrimination.
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Pettersson, Cecilia, Baudin, Katarina, and Hedvall, Per-Olof
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CROSS-sectional method , *WHEELCHAIRS , *ACCESSIBLE design , *QUALITATIVE research , *RESEARCH funding , *DESCRIPTIVE statistics , *THEMATIC analysis , *RESEARCH methodology , *DISCRIMINATION (Sociology) , *PEOPLE with disabilities , *AMERICANS with Disabilities Act of 1990 , *SOCIAL participation - Abstract
The overall aim of this study was to describe experiences of discrimination due to inaccessibility among people using mobility devices. We conducted a thematic qualitative analysis of 88 complaints about wheeled mobility device use, inaccessibility, and discrimination submitted to the Swedish Equality Ombudsman (DO) during 2015 and 2016. The analysis resulted in three themes: instigating change by invoking laws and regulations and highlighting lack of compliance; demanding to be recognised, understood, and listened to; and struggling for equal access and social participation. Regulations and treaties were invoked as the basis for complaints by people using mobility devices regarding their lack of access to physical environments and impediments to their enjoyment of their full right to participate in and contribute to society. The complaints described feelings of discrimination, the disadvantages and exclusion due to physical inaccessibility, and experiences of being prevented from living one's life as others do. Complaints filed by people using mobility devices showed that they were denied access to a wide range of contexts, including offices, theatres, restaurants, schools, and public transportation, though they desired to live an active and social life outside their homes. Filing a complaint was a way to take action, highlight present inaccessibility, and express a hope for change. Difficulties experienced by people using wheeled mobility devices can reveal knowledge important for revising existing design and renovation standards for housing and public buildings. Documenting facilitators and barriers in different environments is important for giving voice to the needs of wheeled mobility device users and revealing standards that need to be strongly enforced or revised. People using wheeled mobility devices should be supported in finding solutions in inaccessible environments, both to fulfil their wishes and to enable their participation in society. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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8. ADA Digital Accessibility on Academic Library Websites.
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Yan Quan Liu, Bielefield, Arlene, and Beckwith, Jennifer
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AMERICANS with Disabilities Act of 1990 , *ACADEMIC libraries , *LIBRARY websites , *PUBLIC universities & colleges , *VISION disorders - Abstract
Studying ADA accessibility at library websites of top universities selected from the U.S. News and World Report, the authors used WAVE and AChecker to assess data in compliance with WCAG 2.0 standards. Almost 8 out of 10 public university academic libraries reported accessibility errors as one of the major findings. Low color contrast was becoming a more commonly occurring accessibility issue, making it difficult for people with vision impairments to perceive the color of the image. The outcomes of the study suggest that academic libraries around the world should continue improving their website accessibility. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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9. Different Sides of the Same Coin: How the Eleventh Circuit Deepened the Circuit Split for an Americans with Disabilities Act Failure-to-Accommodate Claim in Beasley v. O’Reilly Auto Parts.
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Hanks, Anna Carr
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DISCRIMINATION against people with disabilities , *EMPLOYEE rights , *AMERICANS with Disabilities Act of 1990 , *LABOR laws - Published
- 2024
10. BEYOND UNDUE HARDSHIP: RELIGION AND SINCERITY IN A POST-GROFF WORLD.
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Rogers, Andrew B.
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CIVIL rights , *FREE exercise clause (Constitutional law) , *AMERICANS with Disabilities Act of 1990 , *RELIGIOUSNESS - Abstract
Title VII of the Civil Rights Act of 1964 requires employers to reasonably accommodate the sincerely held religious beliefs, observances, and practices of their employees unless to do so would pose an undue hardship. In 1977, in Trans World Airlines, Inc. v. Hardison, the Supreme Court held that "undue hardship" meant more than a de minimis burden. Practically, this has allowed employers to reject religious accommodations that impose more than trivial costs or burdens. Subsequent federal statutes, including the Americans with Disabilities Act, also require employers to provide accommodations absent undue hardship, but they apply a much more stringent meaning to the term--only allowing employers to reject accommodations that would require "significant difficulty or expense." Although justices, academics, political figures, and others criticized Hardison's gloss on "undue hardship" over the years, it endured for nearly a half century. However, in 2023, the Court returned to reconsider the matter in Groff v. DeJoy, ultimately clarifying that undue hardship means substantial costs or expenditures in the overall context of an employer's business. But fixing undue hardship is only the most glaring of the problems with religious accommodation in employment. Two other elements of such claims--that the belief or practice to be accommodated must be "religious" and "sincerely held"--also require comprehensive reexamination and revision. Groff's reinvention of Hardison leaves undisturbed these and other longstanding issues that impact Title VII religious accommodation litigation. For decades, employees and employers frequently presumed that the beliefs and practices employees sought to have accommodated were both religious in nature and sincerely held. This approach was mutually beneficial in Hardison's de minimis paradigm. Employees avoided uncomfortable questions about the particulars of their beliefs, including whether they were genuinely religious--and not, for example, political or sociological--or whether the individual actually believed them. Likewise, employers were quick to bypass these awkward topics and focus on the more objective subject of costs and burdens. The low threshold of the de minimis analysis allowed them to reject many non-trivial accommodations. The federal reporters are rife with decades of decisions where religious beliefs or practices were accommodated or denied, based solely (or nearly so) on courts' assessment of accommodations' burdensomeness--regardless of whether the underlying beliefs and practices were, in fact, religious or sincerely held. Groff did not address the current framework for analyzing whether a belief or practice is religious or sincerely held for purposes of Title VII. And, without the de minimis test, employers will not be able to rely upon it to the extent its low threshold allowed and encouraged. They will be more likely, and often compelled, to challenge the religiosity and sincerity of beliefs and practices--and, ultimately, accommodate more of them and, perhaps, to a greater extent under Groff. While this will aid employees' attempts to obtain accommodations, it also makes the road more uncomfortable for everyone. Plaintiffs will face increased scrutiny regarding whether proffered beliefs and practices are religious and held sincerely. In recent years, even before Groff, both employers and employees were increasingly litigating religiosity and sincerity, as demonstrated in COVID-19 vaccination litigation. In many of these cases, employers challenged the religious nature and sincerity of employees' anti-vaccination beliefs. The ugliness of some of these disputes reveals that the problems in Title VII religious accommodation cases extend beyond the meaning of undue hardship. It also portends that these problems remain even after the demise of de minimis. This article delves into the religion and sincerity tests under Title VII. It proposes changes to resolve the shortcomings of both inquiries--problems that will become even more apparent after Groff. In Part I, the article outlines the constitutional foundation for Title VII's statutory framework: the Free Exercise Clause of the First Amendment. Part II traces the development of religious accommodation under Title VII, originating with the Equal Employment Opportunity Commission's (EEOC or Commission) regulations in 1966 and 1967 before being codified by Congress in 1972, to the Supreme Court's decision in Hardison and other cases, to how the lower courts applied the elements of religious accommodation cases, including religiosity and sincerity. Finally, Part III details new frameworks for courts and practitioners evaluating religiosity and sincerity in Title VII religious accommodation cases in the new Groff world. [ABSTRACT FROM AUTHOR]
- Published
- 2024
11. Disability Dates as Microgenre: 1990s Sitcoms and Backlash to the Americans with Disabilities Act.
- Author
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Ellcessor, Elizabeth
- Subjects
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AMERICANS with Disabilities Act of 1990 , *TELEVISION situation comedies , *DISABILITIES - Abstract
This article performs a historical corrective, documenting representations of disability in popular U.S. television sitcoms of the 1990s. While these shows did not center disability, they often featured strikingly similar episodic narratives involving disability, using the framework of romantic dates with a main character. This article analyzes these episodes as a microgenre, referred to as "disability dates." This microgenre represents a fleeting subgenre of the sitcom that used similar strategies to represent disability and to reproduce popular discourses that opposed or undermined the Americans with Disabilities Act (1990). [ABSTRACT FROM AUTHOR]
- Published
- 2024
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12. System restructuring in Iowa would integrate substance use care.
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Enos, Gary
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SUBSTANCE abuse treatment , *HEALTH services accessibility , *MEDICAL quality control , *NEGOTIATION , *PEDIATRICS , *ORGANIZATIONAL change , *MEDICAL appointments , *CONVALESCENCE , *MEDICAID , *INTEGRATED health care delivery , *AMERICANS with Disabilities Act of 1990 - Abstract
Mental health advocates in Iowa have expressed cautious optimism that a proposed system restructuring that is under consideration in the state legislature would result in more equitable and navigable services for the state's residents. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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13. The Soft Tyranny of Smartphones.
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Littlejohn, Brad and Morell, Clare
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SEXTING , *SMARTPHONES , *DRIVERS' licenses , *AMERICANS with Disabilities Act of 1990 , *SMART locks - Abstract
This article explores the increasing reliance on smartphones in society and how they have become essential for everyday activities. It acknowledges the benefits of smartphones, especially during the COVID-19 pandemic, but also highlights concerns about addiction and negative effects on mental health. The article suggests that public policy should protect consumer choice and ensure that smartphones do not become mandatory for participation in society, particularly for children. It proposes potential regulations, such as requiring businesses to accommodate individuals who do not use smartphones and implementing age restrictions or certification requirements for minors. The article emphasizes the need for government intervention to address smartphone addiction and its impact on society. [Extracted from the article]
- Published
- 2024
14. SURVEILLING DISABILITY, HARMING INTEGRATION.
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Nair, Prianka
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DISCRIMINATION (Sociology) , *AMERICANS with Disabilities Act of 1990 , *PEOPLE with disabilities , *DATA security , *MEDICAID fraud - Abstract
Scholars, policymakers, and the media acknowledge that surveillance can threaten privacy and increase the risk of discrimination. Surveillance of people with disabilities, however, is positioned as being a convenient way of averting a host of problems: It can be seen as a way to protect people with disabilities from abuse and neglect, to prevent Medicaid fraud, and to proactively protect school communities from mass shootings. Increasingly, as surveillance systems become more sophisticated, state and federal laws have begun sanctioning, and occasionally mandating, the surveillance of people with disabilities for these purposes. This Essay interrogates narratives that justify the increased surveillance of people with disabilities by analyzing them through the lens of the Americans With Disabilities Act (ADA) and its integration mandate. The ADA expresses a clear goal of preventing the unnecessary segregation and isolation of people with disabilities. To achieve this aim, states must provide services, programs, and activities in the most integrated setting possible. Looking at laws and policies that mandate surveillance through the lens of integration draws attention to their oppressive and isolating effects. This Essay breaks new ground by centering disability discrimination in its analysis of surveillance. It is the first to demonstrate how ostensibly benevolent surveillance systems embed punitive, carceral practices within therapeutic and community-based settings. It yields new insights about how surveillance systems deployed within a community can result in a constrained and superficial, rather than expansive, idea of integration. [ABSTRACT FROM AUTHOR]
- Published
- 2024
15. Tips for Making Music Performances Sensory-Friendly and Inclusive.
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Reynolds, Julia Heath and VanWeelden, Kimberly
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MUSICAL performance , *AMERICANS with Disabilities Act of 1990 , *ART associations , *PEOPLE with disabilities - Abstract
In today's society, major arts organizations and other large-scale public venues are making additional accommodations for persons with disabilities beyond those under Americans with Disabilities Act (ADA). Often termed "sensory-friendly," this approach makes it easier for individuals with sensory sensitivities to participate in social activities and community events. However, we rarely see similar efforts occurring in school-based music performances. Therefore, we set out to create an inclusive concert experience that welcomes all persons to attend regardless of their sensory, mobility, or other needs to benefit everyone—the students, the families, the school, and the community. During our journey, we realized several components were essential to the overall success of our concerts. In this article, we share five tips that may help you feel more confident implementing something similar in your school. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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16. Service Animals: What You Need to Know.
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MacDonald, Cathy, Foley, John, and Valentine, Megan
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PETS , *RULES , *ECOLOGY , *HUMAN-animal relationships , *STUDENT rights , *SERVICE animals , *AMERICANS with Disabilities Act of 1990 - Abstract
Service animals can play an integral role in the lives and education of students with disabilities. In addition to assisting with physical tasks, service animals can improve confidence, independence and quality of life for students, as well as help them to meet their educational goals. Teachers, coaches and administrators should have the knowledge and skills necessary to support and collaborate with students as they engage with their service animals in and outside of school. The purpose of this article is to educate school personnel about service animals and to help facilitate the successful integration of service animals into schools. Specifically, the article defines service animals and outlines the rights of students with disabilities and their service animals. It also provides recommendations for teachers and coaches to help promote inclusion in physical education and athletics. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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17. Brain injury, medical progress, and the disability paradox: Towards an Americans with Abilities Act.
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Fins, Joseph J., Shulman, Kaiulani S., Wright, Megan S., and Shapiro, Zachary E.
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NEUROSCIENCES , *CONGREGATE housing , *PERSISTENT vegetative state , *DISCRIMINATION against people with disabilities , *DISABILITY laws , *DISABILITIES , *BRAIN injuries , *PEOPLE with disabilities , *AMERICANS with Disabilities Act of 1990 , *ATTITUDES toward disabilities - Abstract
It is helpful to think about the needs of patients with moderate to severe brain injury through the lens of disability law. However, there are limitations to current disability law that contribute to ongoing segregation and marginalization of individuals with severe brain injury. Indeed, one of the paradoxes of American jurisprudence is that more clear constitutional protections accrue to those who have definitively immutable conditions. Thus, as neuroscience brings new therapies to those with brain injury, they may become less protected by the constitutional elements of disability law because their conditions have changed and become mutable. This is the clinical progress that brain injury professionals all seek to achieve, but ironically these advances could potentially degrade the legal protections of patients who benefit from emerging treatments. In this paper, we will critically examine this paradox at the interface of medicine and the law and suggest that the Americans with Disabilities Act (ADA) could be nicely complemented by legislation we have named the Americans with Abilities Act (AWAA). Instead of focusing on disabilities that need protection, the AWAA seeks to sustain and foster newfound abilities made possible by the fruits of medicine and neuroscience. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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18. FINALLY PROTECTED: ANALYZING THE POTENTIAL OF THE PREGNANT WORKERS FAIRNESS ACT.
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EMPLOYMENT of pregnant women , *WORK environment , *AMERICANS with Disabilities Act of 1990 , *HEALTH - Abstract
The focus of the article is an analysis of the U.S. Pregnant Workers Fairness Act (PWFA) and its potential impact on pregnant workers' rights and workplace accommodations. It analyzes if the Pregnant Workers Fairness Act might encounter comparable obstacles to the Americans with Disabilities Act in offering suitable accommodations, exploring challenges for pregnant workers in securing workplace adjustments for their health during pregnancy.
- Published
- 2023
19. Beyond Physical Accessibility for Inclusive Age-Friendly Homes: Insights from a Comparative Study of Two Residential Developments.
- Author
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Ismail, Aliaa, Erdogmus, Ece, Yang, Eunhwa, Porter, Rick, Boron, Julie Blaskewicz, and Zimring, Craig
- Subjects
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RETIREMENT communities , *PLANNED communities , *OLDER people , *HOUSING , *COGNITIVE aging , *AMERICANS with Disabilities Act of 1990 , *DWELLINGS , *SENIOR centers - Abstract
Supporting aging adults who wish to maintain their independence and stay in their homes is becoming an increasingly prevalent issue in the United States and worldwide. Aging-in-place is a popular term in aging literature, defined as one's ability to live as they possibly can, confidently and independently, in their private home. However, current housing design and construction considerations for aging adults are typically limited to projects specifically catering to retirement or senior communities, focusing primarily on physical accessibility. There is insufficient research or application addressing the cognitive and physical aspects of aging in residential design, construction, and operation despite the growing emphasis on smart buildings. To examine the current housing options for aging adults in the United States, this case study offerred a comprehensive comparison of two residential units in terms of internal spatial features, design, and construction costs. One unit adheres to the requirements outlined in the Fair Housing Act and the Americans with Disabilities Act, targeting individuals aged 55 and above. The other unit, with comparable dimensions, lacks the same emphasis on accommodating aging individuals. Both housing units were developed and budgeted in Lawrenceville, Georgia, in March 2021. By examining floor plans, accessibility, building systems, and costs associated with these two units, it was found that the construction cost of the housing designed for 55 years and older was 35% greater than the comparable project. The major contributor to the cost difference was the restriction of designing an accessible living space on one level rather than features that support aging. Hence, this paper provides a suggested range of current smart trends, home sensors, and aging-friendly features that cater to the various physical, cognitive, and social/psychological needs of aging adults. This research highlights the pressing need for comprehensive housing design and construction strategies that consider cognitive aging alongside physical aging. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
20. The New Comity Abstention.
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Giammatteo, John Harland
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ABSTENTION doctrine (Law) , *FEDERAL courts , *FEDERAL government , *AMERICANS with Disabilities Act of 1990 , *FEDERAL jurisdiction ,INDIAN Child Welfare Act of 1978 (U.S.) - Abstract
In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including those under the Americans with Disabilities Act and the Indian Child Welfare Act. Other examples include constitutional claims involving state court eviction proceedings, foster care determinations, bail and criminal justice policies, COVID-era safety practices, and other instances where state courts impact state policy. This paper is the first to argue that these decisions constitute a new abstention doctrine, unmoored from precedent, which I label “the new comity abstention.” The new comity abstention doctrine, currently percolating in the lower federal courts, would bar enforcement of federal rights any time the action could cause a downstream effect on state court proceedings or require a federal court to review state court procedures. If fully adopted, however, the doctrine would amount to a severe threat to federal jurisdiction and a categorical abdication of the federal courts’ role in enforcing fundamental federal rights against a large swath of state action. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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21. Becoming User: Oracle, Barbara Gordon, and Representations of the User in Popular Culture.
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Dinnen, Zara
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PEOPLE with disabilities in literature , *COMIC strip characters , *POPULAR culture , *AMERICANS with Disabilities Act of 1990 , *CAPITALISM , *COMIC books, strips, etc. - Abstract
This essay considers the figure of the "user" as an emergent subject of late twentieth‐century US culture, in relation to the World Wide Web and the 1990 Americans with Disabilities Act. The user is a subject position that is historical in the sense that use relations have always determined social formations within capitalism, but it has been newly energized in contemporary modes of capitalism after digital computing, and newly weighted in contemporary renderings of the nation‐state as service provider. This essay turns to a cultural moment in which a privatized user subject was coming into formation, using comic books of this moment to find the user figure and its stories. The DC Comics archive might not seem the most likely place to find answers to these concerns. But superhero origin stories are always about becoming user in late capitalist imaginaries. Superheroes learn to use their histories to reproduce the world they want. The then newly inaugurated DC Comics character Oracle, aka Barbara Gordon (formerly Batgirl), is becoming a wheelchair user and a computer user. Reading Oracle's 1990s user origin stories, this essay attends to scenes of wheelchair and computer use to work out a theory of user history and user time emerging in 1990s US culture. The comics reveal that the process of becoming user is always intersecting with the processes of becoming a racialized, gendered, classed, (dis)abled subject. They also open up the possibility for other affordances: becoming user as a process which can be torqued in its unfolding. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
22. Guidelines for Assessment and Intervention With Persons With Disabilities: An Executive Summary.
- Author
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Hanson, Stephanie L., Bruyere, Susanne, Forber-Pratt, Anjali, Reesman, Jennifer, and Sung, Connie
- Subjects
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EVALUATION of medical care , *WELL-being , *PROFESSIONAL practice , *SPECIAL education , *SOCIAL support , *DISCRIMINATION (Sociology) , *ATTITUDES of medical personnel , *PSYCHOLOGISTS , *MEDICAL protocols , *PARADIGMS (Social sciences) , *INTERSECTIONALITY , *PEOPLE with disabilities , *PATIENT-professional relations , *PSYCHOTHERAPY , *AMERICANS with Disabilities Act of 1990 , *ATTITUDES toward disabilities , *HEALTH promotion , *LEGISLATION , *LAW - Abstract
This article provides an executive summary of the American Psychological Association's (APA's) revised Guidelines for Assessment and Intervention With Persons With Disabilities. The revision was requested by the Committee on Disability Issues in Psychology and was approved by the APA Council of Representatives in February 2022. The task force updated and expanded the guidelines' empirical bases; squarely situated the guidelines in a changing sociocultural landscape (reflected in discussions of disability models, biases and barriers, language use, intersectionality, and respectful and fair assessment and intervention); and added many concrete suggestions for conceptualizing disability and working with disabled clients and their support systems. In this executive summary, we include key points from each of the 23 guidelines. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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23. DEINSTITUTIONALIZATION, DISEASE, AND THE HCBS CRISIS.
- Author
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Abudaram, Jacob
- Subjects
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DEINSTITUTIONALIZATION , *COVID-19 pandemic , *FEDERAL government , *AMERICANS with Disabilities Act of 1990 , *INFRASTRUCTURE (Economics) - Abstract
Primarily funded by Medicaid, home- and community-based services (HCBS) allow disabled people and seniors to receive vital health and personal services in their own homes and communities rather than in institutions like nursing homes and other congregant care facilities. The HCBS system is facing a growing crisis of care nationwide; more than 600,000 people are waitlisted for services, thousands of direct care workers are leaving the industry, and states are not committed to deinstitutionalization. The COVID-19 pandemic has highlighted and exacerbated these problems, as people in institutional settings face infection and death at far higher rates than those housed outside them. This Note offers solutions to the HCBS crisis. In particular, it explores two strategies that could help expand access to HCBS, regardless of whether the federal government increases its funding: (1) expanding and creatively using Olmstead, a landmark disability rights case, to force states to deinstitutionalize; and (2) adding a new title to the Americans with Disabilities Act focused on emergency relief. Together, these two solutions would help get people out of institutions while creating a more resilient healthcare infrastructure for future emergencies. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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24. HHS: Rhode Island violated civil rights laws by warehousing children with MI.
- Author
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Canady, Valerie A.
- Subjects
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HEALTH services accessibility laws , *CIVIL rights , *CHILD psychopathology , *PSYCHOLOGY of children with disabilities , *PSYCHIATRIC treatment , *LEGAL procedure , *CRISIS intervention (Mental health services) , *DISCHARGE planning , *LENGTH of stay in hospitals , *HOSPITAL care of children , *AMERICANS with Disabilities Act of 1990 - Abstract
A multi‐year, comprehensive joint investigation by the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) and the Department of Justice (DOJ) District of Rhode Island earlier this month concluded that Rhode Island is in violation of federal civil rights laws for unnecessarily segregating children with mental health and/or developmental disabilities at a state acute‐care psychiatric facility. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
25. HHS final rule promotes community integration, civil rights protections.
- Author
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Canady, Valerie A.
- Subjects
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CIVIL rights , *CHILD welfare , *HOME care services , *SOCIAL integration , *DISCRIMINATION against people with disabilities , *PEOPLE with disabilities , *INTEGRATED health care delivery , *AMERICANS with Disabilities Act of 1990 , *GOVERNMENT regulation - Abstract
More than 50 years after the implementation of Section 504 of the Rehabilitation Act of 1973 — a federal law prohibiting disability discrimination in programs and activities that receive federal financial assistance — the U.S. Department of Health & Human Services (HHS) earlier this month issued a final rule to clarify several crucial areas not explicity addressed in the current rule. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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26. FROM OUR GUEST EDITOR.
- Author
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STROKER, ALI
- Subjects
- *
SHAME , *AMERICANS with Disabilities Act of 1990 , *ACTING education , *BRAIN injuries , *PEOPLE with disabilities , *WOOD chips - Abstract
This article, titled "FROM OUR GUEST EDITOR," is written by Ali Stroker, a guest editor for Good Housekeeping's accessibility issue. Stroker, who uses a wheelchair due to a spinal cord injury, shares her experiences and perspectives on disability. She discusses how her disability is a normal part of her life and emphasizes the importance of accepting and loving one's disability. Stroker also highlights the support and advocacy she received from her parents and the need for continued progress in creating an inclusive society. The article concludes with Stroker's insights on asking for help and her experiences as a parent. [Extracted from the article]
- Published
- 2024
27. Disability in the Time of COVID.
- Author
-
Pionke, J. J.
- Subjects
- *
COVID-19 , *COVID-19 pandemic , *AMERICANS with Disabilities Act of 1990 , *LIBRARY users , *DISABILITIES , *LIBRARY personnel , *GEOGRAPHIC boundaries - Abstract
This column article discusses the state of people with disabilities who work in libraries in conjunction with the Covid pandemic, and the return to working on site. Also discussed is how accessibility changed in libraries because of the pandemic and the shut downs that occurred before vaccination. This article asks administrators to consider several issues including the difference between compliance with the Americans with Disabilities Act and accessibility, compassionate care for library employees and patrons, boundary setting, and embracing change. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
28. Disability Justice and the Americans with Disabilities Act: An Opportunity for Social Work.
- Author
-
Muster, Caroline L
- Subjects
- *
HEALTH policy , *CORRECTIONAL institutions , *HEALTH services accessibility , *SOCIAL workers , *SOCIAL justice , *CRITICAL theory , *PEOPLE with disabilities , *AMERICANS with Disabilities Act of 1990 , *SOCIAL case work , *CRIMINAL justice system - Abstract
According to the Centers for Disease Control and Prevention, over 61 million Americans have a disability, which translates to about 26 percent of the national population. The most common types of disability are physical (13.7 percent), or those that impact mobility, and intellectual (10.8 percent), or those related to cognitive processing. The Bureau of Justice Statistics has reported that 32 percent of people in state prisons and 40 percent of people in county jails have at least one disability, rates that demonstrate alarming disproportionality. Yet the history of the disability rights movement, the impact of the Americans with Disabilities Act for people with disabilities who are involved with the criminal justice system, and the implications of disability justice and critical disability theory for the field of social work are not well understood. The purpose of this article is to review these under-recognized topics and offer recommendations for addressing this neglected area of social work education, research, policy, and practice. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
29. Permit Assisted Self-Administration: A Response to Open Peer Commentaries on Neurologic Diseases and Medical Aid in Dying: Aid-in-Dying Laws Create an Underclass of Patients Based on Disability.
- Author
-
Pope, Thaddeus M., Shavelson, Lonny, Battin, Margaret Pabst, Ouellette, Alicia, and Kluger, Benzi
- Subjects
- *
ASSISTED suicide laws , *NEUROLOGICAL disorders , *TERMINALLY ill , *FOOD consumption , *DISCRIMINATION (Sociology) , *SELF medication , *EUTHANASIA , *AMERICANS with Disabilities Act of 1990 - Abstract
The authors offer a response to commentaries made on their article about medical aid in dying (MAID) wherein they argue that both bioethical principles and disability rights laws demand that aid-in dying laws be amended to permit others to assist these patients with self administration. They talk about their appreciation for the authors who contribute to the debate, how they provide context for the debate, and the need to revise the self-administration without assistance clauses.
- Published
- 2023
- Full Text
- View/download PDF
30. HOW TO CLARIFY THE LAW AROUND HOUSING PROVIDERS’ RIGHTS IN ADDRESSING REASONABLE ACCOMMODATIONS FOR NON-APPARENT DISABILITIES.
- Author
-
Linkowski, Conner
- Subjects
- *
HOUSING , *TENANTS , *AMERICANS with Disabilities Act of 1990 , *FAIR Housing Act of 1968 (U.S.) , *EMPLOYERS - Abstract
The article explores the ambiguity housing providers face when addressing reasonable accommodations for tenants with non-apparent disabilities under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). It suggests granting housing providers similar rights to employers in requesting disability-related information to ensure legitimate accommodation requests and avoid legal uncertainties.
- Published
- 2023
31. Breaking the Barriers.
- Author
-
ERVIN, MIKE
- Subjects
- *
UNITED States senators , *AMERICANS with Disabilities Act of 1990 , *DISABILITY rights movement , *BASIC income - Abstract
An interview with Tom Harkin, former Senator from Iowa, is presented. Topics include his decision to retire from the Senate after four decades, his proudest achievement—the Americans with Disabilities Act (ADA), frustrations during his Senate tenure, and the Harkin Institute's work on disability issues, retirement security, labor, and a pilot project on universal basic income. Harkin reflects on his family's influence on his advocacy for disability rights.
- Published
- 2024
32. School Resource Officers and Students With Disabilities: Wilson v. City of Southlake (2019).
- Author
-
Tuttle Prince, Angela and Behnken, Monic P.
- Subjects
- *
SCHOOL police , *STUDENTS with disabilities , *POLICE , *STUDENT rights , *AMERICANS with Disabilities Act of 1990 - Abstract
Given the disproportionate rates of youth with disabilities who experience exclusionary discipline in schools, it is important to consider the involvement of law enforcement officers in the discipline of these students and the students' right to an equitable education. One recent case of concern was Wilson v. City of Southlake, which clarified that police can be sued for disability discrimination based on their response to a student with a disability under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 where life-threatening circumstances are not present. This finding has implications for schools that involve school resource officers in responding to children who are protected under either of these provisions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
33. Is Your Practice ADA Compliant?
- Author
-
Miller, Rachel
- Subjects
- *
HUMAN rights , *HEALTH services administration , *PHYSICAL therapy , *REGULATORY approval , *COMMUNICATION , *ACCESSIBLE design , *PATIENT-professional relations , *PEOPLE with disabilities , *MEDICAL appointments , *AMERICANS with Disabilities Act of 1990 , *TELEMEDICINE - Abstract
The article provides suggestions to physical therapists on how they can ensure that their practice is fully covered by the Americans with Disabilities Act (ADA) when it comes to patient communications. Topics discussed include basics of the ADA requirement, common myths regarding the ADA requirement, and four elements for successful ADA compliance with communication requirements.
- Published
- 2023
34. Uncommon fracture in Duchenne muscular dystrophy: A case report.
- Author
-
Booker, Lyndsey and Omura, Jaclyn
- Subjects
- *
EDUCATION of parents , *WHEELCHAIRS , *HUMERAL fractures , *MAGNETIC resonance imaging , *ACTIVITIES of daily living , *DUCHENNE muscular dystrophy , *PHYSICAL activity , *PATIENT education , *PATIENT safety , *AMERICANS with Disabilities Act of 1990 , *ADOLESCENCE - Abstract
Proximal humerus fractures in pediatric patients are uncommon. This is a case report of a 17-year-old patient with Duchenne muscular dystrophy who sustained an occult proximal humerus fracture. The patient was on chronic steroids and had a history of vertebral and long bone fractures. He was using a wheeled mobility device on public transportation at the time of injury. He had a negative radiograph, but an MRI revealed a right proximal humerus fracture. He had decreased mobilization in the affected extremity, which limited activities of daily living including driving his power wheelchair. After six weeks of conservative management, he returned to his baseline level of activity. It is important to recognize that chronic steroid use adversely affects bone health, and fractures may be missed on initial imaging. To ensure adequate safety, providers, patients, and their families should be educated on the Americans with Disabilities Act guidelines for using wheeled mobility devices on public transportation. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
35. APPLYING TITLE III OF THE AMERICANS WITH DISABILITIES ACT TO WEBSITES: USING CURRENT EXEMPTIONS TO CREATE AN ADAPTABLE SOLUTION THAT DOES NOT OVERLY BURDEN BUSINESS.
- Author
-
Schelble, Danielle
- Subjects
- *
WEB accessibility , *AMERICANS with Disabilities Act of 1990 , *WEBSITES , *ACCESSIBLE design , *WEB design - Abstract
Whether websites meet the definition of places of accommodation under Title III of the Americans with Disabilities Act (Title III) has been debated in numerous articles and created a split in the circuit courts. This split is the result of thousands of suits, brought primarily by the same plaintiffs, and has led to different interpretations of what it means to be a "place of public accommodation." So far, three circuit courts have held that places of public accommodation are not limited to physical places, while four other circuit courts have developed tests that compare the closeness of the services offered online to those offered in a physical store. Regardless of the test, it appears that these seven circuit courts are willing to agree that websites are places of public accommodation in some circumstances, but disagree on how broadly to apply accessibility legislation to websites. Recently, the Department of Justice (DOJ) has taken steps to ensure that websites are accessible to people with disabilities. The DOJ announced its intent to amend its current Title II regulations and provide technical standards for public entities to ensure that their websites are accessibility compliant. It is predicted by attorneys practicing in ADA Title III that new Title II regulations will lead to the DOJ releasing long-awaited Title III regulations. Considering the circuit split and the recent efforts of the DOJ, it is likely that websites will be viewed as "places of accommodation" or will need to comply with Title III to some extent in the near future. However, even if this prediction that new Title III regulations are forthcoming proves false, something needs to be done to fix the frustration this ambiguity and lack of guidance has caused. Because of the cross-boundary nature of the internet, having different tests to determine whether a website is a place of public accommodation is inefficient. Instead, a solution should start with the premise that websites are places of accommodation. From there, three issues should be addressed with the implementation of website accessibility regulations: (1) identifying which websites would not need to comply with accessibility requirements using current Title III exemptions and determining who should bear the burden of compliance; (2) carving out a narrow set of new website-specific exemptions where providing accommodations would be overly burdensome or superfluous; and (3) creating clear, adaptable guidelines that businesses can follow to ensure accessibility and protect themselves from litigation. These issues can be confronted efficiently by using the most common accessibility compliance standard and applying similar "real world" tests and implementation strategies of Title III to the "virtual world" of websites. This method could mitigate some of the difficulties of applying Title III to websites, minimize website accessibility litigation, and provide clear tests and remedies to courts. [ABSTRACT FROM AUTHOR]
- Published
- 2023
36. Deficits in Accessibility across Field Research Stations for Scientists with Disabilities and/or Chronic Illness, and Proposed Solutions.
- Author
-
Rudzki, Elizabeth N and Kohl, Kevin D
- Subjects
- *
FIELD research , *CHRONIC diseases , *SCIENCE education , *AMERICANS with Disabilities Act of 1990 , *DISABILITIES , *OCCLUSION (Chemistry) - Abstract
Equity and inclusivity in STEM research has become a larger topic of discussion in recent years; however, researchers and scientists with disabilities and/or chronic illnesses are often missing from these conversations. Further, while field research is a major research component for some STEM disciplines, it is unclear what accessibility barriers or accommodations exist across the field sciences. Field research can sometimes involve harsh environments, topography, and weather that present challenges to those with disabilities and/or chronic illnesses. A large and coinciding obstacle standing in the way of field research accessibility is the ableism present across science and academia, resulting in and from a lack of prioritization of attention and funding from universities and institutions. Biological field stations have been shown to be valuable not only as infrastructure for field-based research, but also as providing resources toward the scientific education of students and scientific outreach initiatives for the general public. As such, biological field stations are perfectly positioned to reduce barriers in research inclusion and accessibility for students and scientists with disabilities and/or chronic illnesses. The current work presents the results of a survey meant to inventory the presence or absence of accessible infrastructure across field stations, with responses spanning six countries and 24 US states. Our results highlight a number of accessibility deficits in areas such as accessible entrances, kitchens, and bathrooms. Our results suggest that (1) biological field stations have significant variability in accessibility with significant deficits, especially in non-public-facing buildings used primarily by staff and researchers, and (2) field stations would benefit from an increase in federal funding opportunities to expedite their progress toward compliance with Americans with Disabilities Act (ADA) standards. We propose potential solutions to field work infrastructure spanning a range of financial costs, with emphasis on the point that efforts toward accessibility do not require an "all-or-nothing" approach, and that any step toward accessibility will make field stations more inclusive. Additionally, we further suggest that federal funding sources, such as the NSF and NIH, as well as university leadership, should consider broadening diversity initiatives to promote the continuation of, and increased accessibility of, university-affiliated field stations. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
37. Moving Beyond the Basics of the ADA and Section 504: Opportunities for Equitable and Inclusive Access to Law Libraries, Collections, and Services.
- Author
-
de Perio Wittman, Jessica
- Subjects
- *
AMERICANS with Disabilities Act of 1990 , *LAW libraries , *LIBRARY services platforms - Abstract
The law library plays a role in the lives of people with disabilities by facilitating their full participation in society. Providing equitable access for persons with disabilities to library facilities and services is required by Section 504 of the Rehabilitation Act of 1973 (Section 504), applicable state and local statutes, and the Americans with Disabilities Act of 1990 (ADA). The ADA was created to eliminate discrimination in many areas, and most libraries are covered by the ADA's Title I (Employment), Title II (Government Programs and Services), and Title III (Public Accommodations). Section 504 is another federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance from the U.S. Department of Education. Recipients of this federal financial assistance include institutions of higher education. This article provides a brief overview of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, and why law libraries must comply with these laws to provide equitable access for persons with disabilities. Although the traditional view of access is defined as physical access to the library or the building it resides in, this article asserts that equitable and inclusive access to the law library should be aligned with the expectations of the ADA and Section 504. Law libraries should employ a more holistic approach and reexamine how they define and apply accessibility to their collections, programs, and services. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
38. The Case, as posted to the AAPNet.
- Author
-
Goldstein, Daniel, Dingman, Debbara, Robinson, Page, Marcus, Alan L., Schwartz, Marilyn, Leary, Matthew Burgess, Farber, Jonathan, Cohen, Doug, Beach, Tyler, Ezust, Stephanie, Joseph, Thia, Engels, Rhona, Clemmer, Catherine, Howard, Alison, Frederick, Joanna, Loveland, Kay, and Goldstein, Dan
- Subjects
- *
DYSLEXIA , *AMERICANS with Disabilities Act of 1990 - Published
- 2023
39. Diversity, equity, and inclusion within the Society for Pediatric Anesthesia: A mixed methods assessment.
- Author
-
Reece‐Nguyen, Travis L., Lee, Helen H., Garcia‐Marcinkiewicz, Annery G., Szolnoki, Judit, Fernandez, Allison M., Mukkamala, Shivani, Lalwani, Kirk, Deutsch, Nina, and Jimenez, Nathalia
- Subjects
- *
PEDIATRIC anesthesia , *DIVERSITY & inclusion policies , *ATTITUDES toward work , *AMERICANS with Disabilities Act of 1990 , *PSYCHOLOGICAL safety - Abstract
Background: Leadership of the Society for Pediatric Anesthesia created the Diversity, Equity, and Inclusion committee in 2018 to prioritize diversity work. The Society for Pediatric Anesthesia‐Diversity, Equity, and Inclusion committee implemented a baseline survey of the Society for Pediatric Anesthesia membership in 2020 to assess demographics, equity in leadership, inclusivity, and attitudes toward diversity work. The Society for Pediatric Anesthesia plays a significant role in shaping the future of pediatric anesthesiology and in supporting our diverse pediatric patients. Methods: This study is an IRB‐exempt, cross‐sectional survey of the Society for Pediatric Anesthesia membership. Quantitative analysis provided descriptive statistics of demographics, practice characteristics, and involvement within the Society for Pediatric Anesthesia. Qualitative thematic analysis provided an in‐depth assessment of perceptions of diversity, challenges faced, and prioritization of Diversity, Equity, and Inclusion efforts within the Society for Pediatric Anesthesia. Results: Out of 3 242 Society for Pediatric Anesthesia members, 1 232 completed the survey representing 38% of overall membership. Respondents were 89.2% United States members, 52.7% female, 55.7% non‐Hispanic White, 88.6% heterosexual, 95.7% non‐military, 59.2% religious, and 2.1% have an Americans with Disabilities Act recognized disability. All major United States geographical areas were represented equally with 71% practicing in urban areas and 67% in academic settings. Ethnic/racial minorities were more likely to be international medical graduates (p <.001). Among United States members, 41.5% report being fluent in a language other than English, and 23.5% of those fluent in another language are certified to interpret. Compared to men, women are less likely to be in leadership roles (p <.003), but we found no difference in participation and leadership when stratified by race/ethnicity, geography, international medical graduate status, or sexuality. Racial/ethnic minorities (p <.028), women (p <.001), and lesbian, gay, bisexual, transgender, and queer members (p <.044) more frequently hold lower academic rank positions when compared to white, heterosexual, and male members. Half of respondents were unsure whether diversity, equity, and inclusion challenges existed within the Society for Pediatric Anesthesia while the other half demonstrated opposing views. Among those who reported diversity, equity, and inclusion challenges, the themes centered around persistent marginalization, the need for more inclusive policies and increased psychological safety, and lack of leadership diversity. Conclusions: Compared to the diversity of the pediatric population we serve, there are still significant gaps in demographic representation within the Society for Pediatric Anesthesia. As well, there is no consensus among Society for Pediatric Anesthesia membership regarding perceptions of diversity, equity, and inclusion in pediatric anesthesia in the United States. Among those who reported diversity challenges, opportunities for the Society for Pediatric Anesthesia and Anesthesiology Departments to better support minoritized members included bolstering workforce diversity efforts and awareness via more inclusive policies, improved psychological safety, and increasing diversity in leadership. If pediatric anesthesiology is like other specialties, gaining consensus and improving diversity in the workforce might advance pediatric anesthesia innovation, quality, and safety for children of all backgrounds in the United States. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
40. Improving Labor Outcomes among People with Mild or Moderate Mental Illness through Law and Policy Reform.
- Author
-
King, Jamie S., Manning, Joanna, Barsky, Benjamin A., Frank, Richard G., and Glied, Sherry A.
- Subjects
- *
LABOR market -- Law & legislation , *SICK leave , *EMPLOYMENT of people with disabilities , *INCOME , *JOB involvement , *GOVERNMENT policy , *POLICY sciences , *MENTAL illness , *SUPPORTED employment , *AMERICANS with Disabilities Act of 1990 , *ECONOMICS - Abstract
Mild and moderate mental illnesses can hinder labor force participation, lead to work interruptions, and hamper earning potential. Targeted interventions have proven effective at addressing these problems. But their potential depends on labor protections that enable people to take advantage of these interventions while keeping jobs and income. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
41. HARMONIZING STATE AND FEDERAL ANTI-DISCRIMINATION LAW: THE PROBLEM OF THE ADAAA.
- Author
-
Dunman, Joe
- Subjects
- *
ANTI-discrimination laws , *AMERICANS with Disabilities Act of 1990 , *STATE laws , *PLAINTIFFS - Published
- 2023
42. The Americans with Disabilities Act, addiction, and recovery.
- Author
-
Whaley, Barry A. and Williamson, Pamela
- Subjects
- *
WORK environment , *SUBSTANCE abuse , *EMPLOYMENT of people with disabilities , *ALCOHOLISM , *CONVALESCENCE , *EMPLOYEE assistance programs , *EMPLOYEE rights , *DESCRIPTIVE statistics , *RESEARCH funding , *CIVIL rights , *PEOPLE with disabilities , *AMERICANS with Disabilities Act of 1990 - Abstract
BACKGROUND: The Americans with Disabilities Act (ADA) is sweeping civil rights legislation that affords people with disabilities equality of opportunity, economic self-sufficiency, independent living, and full participation in daily life. The protections of the ADA extend to individuals with alcohol and substance abuse disorders who are in recovery. OBJECTIVE: The objective of this article is to understand the ADA's definition of disability and how it applies to addiction and recovery. The reader will recognize how the ADA applies to people with addiction to alcohol and those in recovery from substance abuse. The article will describe the rights and responsibilities employers and employees have in the three stages of employment. METHOD: The material in this presentation was developed based on the authors' research, training, education, knowledge, and skill of the ADA. RESULTS: Individuals in recovery are often unaware of their civil rights under the ADA. The ADA ensures that people with disabilities, including those with alcohol use disorder and substance use disorders, have the same rights and opportunities in the workplace. CONCLUSION: The COVID-19 pandemic has resulted in an increase in increased rates of alcoholism and substance abuse. Individuals living with addiction are unaware of the employment protections they may have under the ADA. Title I of the ADA guarantees employment protections to ensure equality in the workplace for people with disabilities. A clearer understanding of the law will ensure that job seekers and employees are treated in an ethical, valued, and courteous way when disclosing disability and the need for accommodation. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
43. DISABLED BUSINESS OWNERS AND THE 8(A) PROGRAM: CREATING A SET-ASIDE FEDERAL CONTRACT SPECIAL INTEREST GROUP FOR DISABLED-OWNED SMALL BUSINESSES.
- Author
-
McDowell, Michaela
- Subjects
- *
SMALL business , *AMERICANS with Disabilities Act of 1990 , *PRIVATE sector , *EMPLOYMENT policy , *ECONOMIC opportunities - Abstract
Congress should create a new special interest group within the 8(a) program for disabled business owners. This proposal will achieve the legislative goals of the Rehabilitation Act and the Americans with Disabilities Act (ADA), particularly as they pertain to disability rights and employment policy. The Rehabilitation Act and the ADA focus on supporting and integrating disabled individuals in the business sector. Establishing a special interest group for disabled- owned businesses will support the disabled community through a federal small business assistance program. This proposal would also circumvent any issues resulting from AbilityOne’s restrictive nature. AbilityOne, a federal program designed to encourage nonprofit organizations to employ disabled individuals, allows participating nonprofits to pay disabled workers a subminimum wage. This proposal would give disabled individuals more economic opportunities and federal aid outside of an AbilityOne participant. Similarly, disabled business owners would be able to avoid several problems related to the 8(a) program that have prevented them from fully utilizing the program in the past, including restrictive eligibility requirements, drifting oversight of the program, and misallocation of program resources. By creating a special interest group in the 8(a) program specifically for disabled business owners, the federal government and Congress can support an invaluable source of economic activity and make progress towards realizing the congressional goals surrounding disability rights and employment policy within the existing government framework. [ABSTRACT FROM AUTHOR]
- Published
- 2023
44. DOES THE ADA APPLY TO WEBSITES?: THE UNCERTAINTY UNDERLYING WEBSITE ACCESSIBILITY AND COMPLIANCE UNDER THE AMERICANS WITH DISABILITIES ACT.
- Author
-
Gressett, Alex
- Subjects
- *
ACTIONS & defenses (Law) , *AMERICANS with Disabilities Act of 1990 , *BUSINESS enterprises , *DAY care centers - Published
- 2023
45. Law and Technology Two Paths for Digital Disability Law: Understanding the legal drivers of efforts to make technology accessible.
- Author
-
Reid, Blake
- Subjects
- *
DISABILITY laws , *TECHNOLOGY & law , *SERVICES for people with disabilities , *AMERICANS with Disabilities Act of 1990 - Abstract
The article discusses two possible avenues for expanding access to digital technology for people with disabilities. It examines the grassroots effort led by disability rights advocate Jacobus tenBroek, and the U.S. Americans with Disabilities Act (ADA) and the World Wide Web's Consortium's Web Content Accessibility Guidelines (WCAG).
- Published
- 2022
- Full Text
- View/download PDF
46. Service Animals in Health Care Settings.
- Author
-
Iezzoni, Lisa I. and Higgins, Kate K.
- Subjects
- *
VETERINARY services , *MEDICAL care , *AMERICANS with Disabilities Act of 1990 , *MUNICIPAL services - Abstract
This JAMA Insights article reviews Americans with Disabilities Act (ADA) rules for patients, visitors, and other members of the public bringing service animals into health care settings. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
47. Federal Guidance Counters Assistive Technology Myths, Pushback.
- Author
-
BASS, SAYARD
- Subjects
- *
SELF-efficacy , *FACILITATED communication , *EARLY medical intervention , *ENDOWMENTS , *TEACHING methods , *DECISION making , *ASSISTIVE technology , *COMMUNICATION , *DEPARTMENTS , *HOSPITAL personnel in-service training , *SPECIAL education , *GOVERNMENT regulation , *AMERICANS with Disabilities Act of 1990 , *SPEECH therapy , *LAW , *LEGISLATION , *EQUIPMENT & supplies ,UNITED States. Individuals with Disabilities Education Act - Abstract
The article focuses on a guidance letter and 28 myths vs. facts for assistive technology (AT) devices and services released by the U.S. Department of Education's Office of Special Programming which clarifies federal mandates for schools to follow. Cited are effect of the guidance for school-based speech-language pathologists using AT in their services, the role of AT in the Individualized Education Plan (IEP), and ways to document AT throughout the IEP.
- Published
- 2024
48. Comment: Further Consideration on the Relationship Between the Americans with Disabilities Act, Supported Decision-Making, and Medical Aid in Dying.
- Author
-
Heller, Amitai
- Subjects
- *
AMERICANS with Disabilities Act of 1990 , *ASSISTED suicide , *DECISION making in clinical medicine , *DISCRIMINATION in medical care , *HEALTH services accessibility , *PEOPLE with disabilities , *EQUALITY - Abstract
The author suggests further consideration on the relationship between the Americans with Disabilities Act (ADA), supported decision-making and medical aid in dying. She addresses legal requirements for participation of healthcare providers in medical aid in dying. She discusses the prohibition of discrimination against people with disabilities, as well as equal access to medical services, effective communication for people with disabilities and reasonable modifications in healthcare under ADA.
- Published
- 2023
49. BEYOND TITLE VII: LITIGATING HARASSMENT BY NONEMPLOYEES UNDER THE ADA AND ADEA.
- Author
-
Bradley, Kate
- Subjects
- *
HARASSMENT , *WORK environment , *AMERICANS with Disabilities Act of 1990 , *AGE discrimination in employment ,CIVIL Rights Act of 1964. Title VII - 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. [ABSTRACT FROM AUTHOR]
- Published
- 2023
50. Reasonable Accommodation and Disparate Impact: Clean Shave Policy Discrimination in Today's Workplace.
- Author
-
Jiang, Yucheng and Ulrich, Michael R.
- Subjects
- *
CIVIL rights , *EMPLOYMENT discrimination , *WORK environment , *FIREFIGHTING , *CULTURE , *UNIFORMS , *DIVERSITY & inclusion policies , *PERSONAL grooming , *PRACTICAL politics , *RULES , *INSTITUTIONAL racism , *GOVERNMENT agencies , *HAIR removal , *ITCHING , *LEGAL procedure , *AFRICAN Americans , *RELIGION , *AMERICANS with Disabilities Act of 1990 , *INDUSTRIAL relations , *LAW - Abstract
This article examines Bey v. City of New York — a recent Second Circuit case where four Black firefights suffering from Pseudofolliculitis Barbae (a skin condition causing irritation when shaving which mostly affects Black men) challenged the New York City Fire Department's Clean Shave Policy — with an intersectional approach utilizing legal theories of racial, disability, and religious discrimination. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
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