Blanck, Hill, Siegal, and Waterstone's Disability Civil Rights Law and Policy (Hornbook Series)

By Peter Blanck, Eve Hill, Charles D. Siegal, Michael Waterstone

ISBN-13: 9780314145147

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Series: Hornbook

Brand: West Law School

Pages: 845

Components: 1 Print

Shelf Space: 2 in.

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Description

The book examines the basis of discrimination against people with disabilities, including the history of such discrimination and a review of studies that explore why people engage in this sort of discrimination. It examines the federal laws that culminated in the passage of the Americans with Disabilities Act (ADA). The book describes the ADA's definition of disability, how it has been interpreted and studied, and then reviews the three major titles of the ADA, including a review of the remedies available for various ADA claims and the procedures required to pursue them.

Features

Addresses the applications of disability law to emerging American law and policy
Also discusses several state antidiscrimination laws and states' approaches to disability civil rights
Discusses the basics of international law, and existing initiatives by regional organizations and the United Nations

Summary Of Contents

Preface
Acknowledgments
Westlaw® Overview
Chapters
Part 1	Historical and Conceptual Foundations
	Chapter 1	Introduction
	§ 1.1	Overview
	§ 1.2	American Conceptions of Discrimination on the Basis of Disability
	§ 1.3	ADA Precursors
	Chapter 2	The ADA'S History and Philosophy
	§ 2.1	A Brief Guide to the ADA
	§ 2.2	ADA Background and Fundamentals
	§ 2.3	The Theory and Economics of the Accommodation Principle
Part 2	Definitional Issues
	Chapter 3	Disability
	§ 3.1	Overview
	§ 3.2	Actual Disability
	§ 3.3	Record of A Disability
	§ 3.4	Regarded As Having A Disability
	Chapter 4	Other Protections
	§ 4.1	Association
	§ 4.2	Retaliation
	Chapter 5	Qualified
	§ 5.1	Prerequisites
	§ 5.2	Essential Requirements
	§ 5.3	Estoppel
Part 3	Employment Discrimination: ADA Title I
	Chapter 6	Objects of Title I
	§ 6.1	Overview
	§ 6.2	Covered Entities
	§ 6.3	Hiring, Discipline and Benefits
	Chapter 7	Examinations and Inquiries
	§ 7.1	Permissible Scope of Inquiries and Examinations
	§ 7.2	Confidentiality of Information
	§ 7.3	Rights of People Without Disabilities to Bring Inquiry/Examination Claims - Standing
	Chapter 8	Reasonable Accommodation
	§ 8.1	Overview and Illustrations
	§ 8.2	the Process
	§ 8,3	Undue Hardship
	§ 8.4	Burdens of Production and Proof
	Chapter 9	Title I Defenses Based on Qualifications Standards
	§ 9.1	Direct Threat Defense to Others and to Self
	§ 9.2	Cheuron v. Echazabal
	§ 9.3	the Role of Experts In Title I Cases
Part 4	Access to Public Services: ADA Title II
	Chapter 10	Statutory Background
	§ 10.1	Statutory and Regulatory Scheme
	§ 10.2	Federalism and Title II - Did Congress Validly Abrogate the States' Sovereign Immunity?
	Chapter 11	Coverage
	§ 11.1	Introduction
	§ 11.2	Elements of Title 11 Claim
	§ 11.3	"Qualified Person With A Disability"
	§ 11.4	Not Excluding, Denying, Or Discriminating - Affirmative Responsibilities of Public Entities
	§ 11.5	By Reason of Disability - Intentional Discrimination Versus Disparate Impact
Part 5	Access to Public Accommodations: ADA Title III
	Chapter 12	Covered Entities
	§ 12.1	Places of Public Accommodation and Commercial Facilities
	§ 12.2	Insurance
	§ 12.3	Examinations and Courses
	§ 12.4	Exempt Entities
	§ 12.5	Relationship to Title II
	Chapter 13	Prohibited Conduct
	§ 13.1	General
	§ 13.2	Denial of Participation
	§ 13.3	Unequal Participation
	§ 13.4	Separate Benefit
	§ 13.5	Eligibility Criteria
	§ 13.6	Reasonable Modifications
	§ 13.7	Effective Communication
	§ 13.8	Architectural Barriers
Part 6	Enforcement and Remedies
	Chapter 14	Introduction to Enforcement Procedures
	§ 14.1	Overview
	§ 14.2	Relation to Civil Rights Act
	Chapter 15	Title I - Employment Discrimination
	§ 15.1	Introduction
	§ 15.2	Procedure
	§ 15.3	Remedies
	Chapter 16	TITLE II-Discrimination By Public Entities
	§ 16.1	Introduction
	§ 16.2	Procedure
	§ 16.3	Remedies
	§ 16.4	A Note on ADA Title IV - Amendments to the Communications Act
	Chapter 17	Title III - Discrimination In Public Accommodations and Services Operated By Private Entities
	§ 17.1	Introduction
	§ 17.2	Procedure
	§ 17.3	Remedies
	Chapter 18	of Limitations
	§ 18.1	Title I
	§ 18.2	Titles II and III
	Chapter 19	Attorneys' Fees
	§ 19.1	Prevailing Party
	§ 19.2	Reasonableness of Fees
	§ 19.3	A Note on the Taxability of Attorneys' Fee Awards
	Chapter 20	Alternative Dispute Resolution
	§ 20.1	Mediation of Disability Rights Disputes
	§ 20.2	Arbitration of Disability Rights Disputes
Part 7	State Antidiscrimination Law
	Chapter 21	State Antidiscrimination Law
	§ 21.1	Overview
	§ 21.2	Pre-ADA State Landscape
	§ 21.3	Post-ADA State Laws
	§ 21.4	Looking Ahead -the States' Model Revisited
Part 8	International Disability Rights Law
	Chapter 22	International Law
	§ 22.1	Overview
	§ 22.2	International Human Rights Law Basics
	Chapter 23	Other States'approaches to Disability Rights
	§ 23.1	Statistics on People With Disabilities
	§ 23.2	Welfare/Medical Model Versus Rights Model
	§ 23.3	States Following A Rights Model
	§ 23.4	States Following A Welfare/Medical Model: France
	Chapter 24	Regional Organizations' Disability Rights Initiatives
	§ 24.1	Organization of American States
	§ 24.2	Council of Europe and European Union
	Chapter 25	United Nations
	§ 25.1	United Nations Initiatives Prior to 2001
	§ 25.2	Convention on the Rights of Persons with Disabilities
Part 9	Disability and Employment, Welfare, and Health Care Policy
	Chapter 26	Introduction
	§ 26.1	Overview
	Chapter 27	Disability and Employment Policy
	§ 27.1	Disability Prevalence and the Case of Employment
	§ 27.2	Workforce Investment Act (WIA)
	§ 27.3	Ticket to Work and Work Incentives Improvement Act (TWWIIA)
	Chapter 28	Disability and Welfare Policy
	§ 28.1	Temporary Assistance For Needy Families (TANF) Programs
	Chapter 29	Disability and Health Care Policy
	§ 29.1	The ADA and Genetic Discrimination
Part 10	Applications of the ADA to Technology Policy and Tax Policy
	Chapter 30	Introduction
	§ 30.1	Overview
	Chapter 31	Disability Policy and Private Internet Sites
	§ 31.1	Internet Accessibility
	§ 31.2	Title III Caselaw and the "Place" Requirement
	§ 31.3	Title III and the Internet: Emerging Issues
	§ 31.4	Summary
	Chapter 32	Disability Policy and Public Internet Sites32.1 Access to Data
	§ 32.2	Applications of the ADA
	§ 32.3	Applications of Section 504 of the Rehabilitation Act
	§ 32.4	Applications of Section 508 of the Rehabilitation Act
	§ 32.5	Other Policy Issues
	Chapter 33	Disability and Tax Policy
	§ 33.1	Overview: Tax Policy and Persons With Disabilities§33.2 Tax Policy, Asset Accumulation and Disability Policy
	§ 33.3	Tax Policies and the ADA: Applications to Technology and Other Areas
	§ 33.4	Illustrative Caselaw: Tax Policy and Disability
Appendices
Appendix 1	Americans With Disabilities Act of 1990
Appendix 2	Civil Rights Act of 1991, Amending Civil Rights Act of 1964 §§ 701, 702, 703, 704, 705, 706 and 717, and Americans With Disabilities Act of 1990 §§ 101(4) and 102
Appendix 3	Rehabilitation Act of 1973 §§ 501, 504, 505, 508
Appendix 4	Fair Housing Act
Appendix 5	State of California Government Code Fair Employment and Housing Act (Selected Excerpts) Division 3. Executive Department Part 2.8. Department of Fair Employment and Housing
Appendix 6	Constitutional Provisions and Legislation Protecting the Rights of Persons With Disabilities In Other States
Appendix 7	Elements For A Future United Nations Comprehensive and Integral Convention to Promote and Protect the Rights and Dignity of Persons With Disabilities (Proposal of Mexico)