ADA (Articles) « ADA – Olmstead
Americans With Disabilities Act:
Articles
- ACLU Joins Civil Rights Organizations for Disability Rights Briefing – (ACLU – Jan. 8, 2008)
The American Civil Liberties Union participated in a briefing in conjunction with the Leadership Conference for Civil Rights, to discuss the Americans with Disabilities Act (ADA) Restoration Act of 2007. - ADA Amendments Redefine Cancer as a Disability (Ohio Employer's Law Blog)
Effective January 1, 2009, Congress amended the ADA to reinstate “a broad scope of protection.” The ADAAA did not change the statutory definition of “disability,” but made significant changes in how it is interpreted. Importantly, the ADAAA clarified that the operation of “major bodily functions,” including “functions of the immune system,” constitute major life activities under the ADA. - ADA at 25: Aging Advocates Celebrate Partnership And Progress (Justice in Aging)
The brief reflects on twenty-five years of the ADA and its progress for people with disabilities, including older adults with disabilities. - ADA Changes Over 23 Years (Northwest Disability Connection Blog)
Twenty three years ago on July 26th The American’s With Disabilities Act was signed into law. The ADA recognized civil rights for the disabled; reflecting changing societal attitudes partially brought about by Section 504 of the Rehabilitation Act passed Seventeen years earlier. On this important anniversary I encourage you to take stock of both how far we have come and how far we still have to go. - ADA Failure to Accommodate Claim Proceeds Despite Plaintiff's Failure to Follow Employer's Request Procedures (The National Law Review – 12/10/13)
A plaintiff’s failure to accommodate claim under the ADA may proceed even though the plaintiff did not follow the employer’s accommodation request procedures, according to a Virginia federal district court. Martin v. Yokohama Tire Corporation (W.D.Va. November 12, 2013). - Another Story Illustrating Why We Need the ADA – (Growing Up With a Disability Blog – Jan. 24, 2008)
A blog entry from a college student with cerebral palsy who believes society often underestimates the complexity of living with a disability – the joys, the challenges, the ordinary, and the extraordinary. - Celebrating the Americans with Disabilities Act (WorkforceGPS)
The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability and is helping ensure all Americans have equal access to employment. ETA is highlighting government and nonprofit resources to support American Job Centers, employers, and people with disabilities on the technical assistance resources available. - City's Subways Aren't Friendly to Disabled Riders, According to Lawsuit (NY Daily News – 10/13/10)
The MTA discriminates against the disabled by not doing everything required under federal law to make subway stations wheelchair accessible, a new lawsuit charges. The class-action suit being filed today in Manhattan federal court slams the Metropolitan Transportation Authority for not spending a federally mandated 20% of station rehabilitation budgets on improvements like elevators and ramps. - Court Rules for Moviegoers in Disability Access Case (Business Insurance – 5/3/10)
The owners of movie theaters could be required to install special equipment for patrons with hearing and visual impairments under the Americans with Disabilities Act as a result of a federal appeals court ruling that that has been hailed as groundbreaking. Also see related article from Consumer Affairs. - Disabled Access (BBC – 10/2/08)
How effective is government legislation to make shops, bars and restaurants accessible to disabled people? - Doing Good Work? You're Fired! (Reunify Gally – Oct. 28, 2007)
A story about a man who got fired because his disability did not interfere with his ability to perform the job for which he was hired. - EEOC Regulations May Spur More ADA Suits (Wisconsin Law Journal – 10/12/09)
According to plaintiffs’ lawyers, proposed new regulations from the EEOC broadening the definition of “disability” mean that more ADA cases might get before a jury. - Happy Birthday to the ADA (Our Rights, Our Future – 7/26/10)
As with most other laws designed to protect against discrimination, enforcement of the ADA is an ongoing battle. The Supreme Court recently agreed to hear the case Virginia Office for Protection and Advocacy v. Reinhard (“VOPA v. Reinhard”). This lawsuit concerns whether a state agency responsible for advocating on behalf of people with disabilities may sue another state entity to obtain for information about possible abuse and neglect of people with disabilities. Patti's Comment: All advocates for folks with challenges should read this important article and case. - Harkin Statement on 23rd Anniversary of the Americans with Disabilities Act (Ability Magazine)
We have made tremendous progress as a country since the passage of the ADA, but make no mistake—there remains more work to be done. We must honor the anniversary of the ADA by redoubling our efforts to give people with disabilities who remain in institutions a chance to experience the same dignity and freedom as every other citizen, by improving opportunities for people with disabilities to live in their homes and communities. - Heat is on for law school test (The National Law Journal – Oct. 22, 2012) The council has been sued countless times since the 1990 passage of the ADA by individuals whose accommodation requests it denied. It is a frequent target for disability rights advocates who charge that its accommodations policy is burdensome and illegal. The Justice Department's proposed class action, filed this spring in U.S. District Court for the Northern District of California, escalated the battle. If successful, it could force widespread changes to the way the council handles the approximately 2,000 accommodation requests it receives annually. (The council typically approves about half.)
- Helping Patients Access Protections of the ADA (CancerNetwork.com)
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which became effective on January 1, 2009, amends the Americans with Disabilities Act (ADA) to restore the original intent of Congress to protect people with chronic conditions such as cancer, diabetes, epilepsy, and mental illness from discrimination at work, school, public places, and elsewhere. The ADAAA provides hope that in the future, cases will be decided differently. This hope can only be realized with the help of healthcare professionals. - How Did Disabilities Become a Partisan Issue?
Hillary Clinton’s speech advocating for greater support for people with disabilities, shows how a matter that was once universal has become as polarized as the rest of politics. - Just When is a Modification or Accommodation Necessary Under Title III? (Understanding the ADA – blog)
This blog entry comes from the 11th Circuit. It involves severely autistic individuals suing Walt Disney Parks and Resorts over their system of accommodating individuals, particularly when it comes to the severely autistic. - Justice Department Files Lawsuit Against Arkansas Alleging Statewide Violations of the ADA (DOJ – 5/6/2010)
The complaint, filed in U.S. District Court for the Eastern District of Arkansas, encompasses all six Arkansas Human Development Centers (HDCs) and the state’s restrictions on services in integrated settings. It seeks to enforce the ADA’s requirement that Arkansas provide services to individuals with disabilities in the most integrated settings appropriate to their needs. The lawsuit also addresses the state’s systemic failure to comply with the ADA in how it provides services to individuals with developmental disabilities. - Justice Department Signs Agreement with the City of Independence, Kansas, to Ensure Civic Access for People with Disabilities (U.S. Dept. of Justice – 4-28-11)
The Justice Department today announced an agreement with the city of Independence, Kan., to improve access to all aspects of civic life for people with disabilities…to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act. - Just When is a Modification or Accommodation Necessary Under Title III? (The Blog of William D. Goren, J.D. LL.M. – 8/27/18)
Today’s blog entry comes from the 11th Circuit. It involves severely autistic individuals suing Walt Disney Parks and Resorts over their system of accommodating individuals, particularly when it comes to the severely autistic. The case is A.L. v. Walt Disney Parks and Resorts US, Inc., which can be found here. The decision is published, and so its persuasive authority is high. As usual, the case is divided into categories, and they are: facts; court’s reasoning; and takeaways. The reader is free to focus on any or all of the categories. - Kansas Officials to Sit Down With Feds Over Waiting List (KHI – 2/27/12)
Advocates for the disabled say they believe the federal government is close to taking action against the state of Kansas for violating the Americans with Disabilities Act. Federal officials for months have been reviewing complaints filed by disabled Kansans and they are scheduled to meet later this week in Kansas City with state officials to discuss the issue and their findings, a step that often precedes federal action. - News, Commentary and President Obama's Remarks About the ADA's 20th Anniversary (Media dis&dat – 7/27/10)
President Obama's comments about the ADA 20th anniversary. (The President also created an ADA anniversary PSA about disability rights with AAPD.) - Maximum Leave Policy Upheald; ADA Claim Rejected (The National Law Review – 12/10/13)
- Reconsidering the Americans with Disabilities Act (Georgia Law Review, Vol. 35, No. 1, Fall 2000 – 3/29/2001)
The Supreme Court's Americans with Disabilities Act decisions in Sutton v. United Air Lines and its companion cases have been extensively criticized as inconsistent with the ADA's purpose and legislative history. In Sutton, the Court held that corrective measures used by an individual to alleviate the effects of a physical or mental impairment should be taken into account when assessing whether a person has a disability under the ADA. The Court's ruling rejected the EEOC's interpretive guidance and the approach taken by a majority of circuit courts. - Restoring the Americans with Disabilities Act (DREDF eNews – Oct. 2007)
Info from the Disability Rights Education & Defense Fund on legislation that will restore important civil rights for people with disabilities. - Service dogs versus therapy dogs (4/22/2013)
One of the confusing issues out there is the difference between a service dog and a therapy dog and why it matters. - The ADA and Employee Leave Protections (Disabled World)
Leave is a form of reasonable accommodation, one that enables an employee to take time off from work to take care of whatever required them to take the leave and then return to work and perform the essential functions of their job. - Women Face Workplace Weight Discrimination (MSU Today – Oct. 26, 2007)
Women are 16 times more likely than men to report weight discrimination in the workplace, according to a MSU-led study that provides the most dramatic evidence yet of the weight bias working women face.