Disability Law: Books and Print Materials

Explaining in clear and simple terms the legislation, administrative regulations, and case law of the Americans with Disabilities Act, this handbook goes beyond the myths and offers a virtual road map to the law as well as a framework for dealing with the ADA in a preventive manner. By reviewing the ADA in the context of real-world situations, the book brings clarity and perspective to this important area of the law. Each concise chapter, written in plain English, covers an area of the ADA, its practical application, and its anticipated future evolution. It also includes useful forms and checklists. Some of the many important topics considered include: The true definition of a disability under the ADA Essential functions, major life activities, and tasks: what they are and what they mean What constitutes undue hardship for employers The concept of good faith and steps to ensure a defendant will meet the standard Drug and alcohol abuse: when they are and are not disabilities How reasonable modification is defined and interpreted New and existing commercial public facilities and their architectural requirements Delving into many of the complex topics of disability claims and reflecting ADA cases decided by the Supreme Court and appellate courts, this updated edition offers expanded guidance on remedies if the law is violated; advice on when you have a right to sue; the statute of limitations for claims; and whether a class-action is a viable thing to pursue. Written from the perspective of a lawyer with a disability (the author was born with a severe to profound hearing loss and wears hearing aids), this to-the-point guide demonstrates that the Americans with Disabilities Act is not just a law, but a way of life."

The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection in employment, public services, public accommodations, services operated by public entities, transportation, and telecommunications for individuals with disabilities. This book summarises the major provisions of the ADA and analyses selected recent issues, including the Supreme Court cases and the ADA Amendments Act of 2008.

This Nutshell presents an overview of the major federal disability laws with emphasis on the statutes, regulations, and significant points of substantive and procedural law. The fourth edition includes significant focus on the American with Disabilities Act (ADA), including its 2008 Amendment. Features coverage on constitutional rights; the definition of "disabled"; Rehabilitation Act of 1973; employment discrimination; programs and services; and housing, education, and transportation. Also reviews the many relevant areas of the Individuals with Disabilities Education Act (IDEA), including the 2004 Amendments.

Social inclusion is often used interchangeably with the terms social cohesion, social integration and social participation, positioning social exclusion as the opposite. The latter is a contested term that refers to a wide range of phenomena and processes related to poverty and deprivation, but it is also used in relation to marginalised people and places. This book consists of two parts: the first aims to review the domestic and international historical roots and the conceptual base of disability, as well as the expressions of social exclusion of people with disabilities that interfere in their efforts to exercise their rights in society. It offers a comprehensive review of social and legal approaches to social exclusion and inclusion. The second part introduces and analyses domestic and international social and legal strategies to promote social inclusion for people with disabilities.

This book provides an international comparative study of the implementation of disability rights law and policy focused on the emerging principles of self-determination and personalisation. It explores how these principles have been enshrined in the United Nations Convention on the Rights of Persons with Disabilities and how different jurisdictions have implemented them to enable meaningful engagement and participation by persons with disabilities in society. The philosophy of 'active citizenship' underpinning the Convention - that all citizens should (be able to) actively participate in the community - provides the core focal point of this book, which grounds its analysis in exploring how this goal has been imagined and implemented across a range of countries. The case studies examine how different jurisdictions have reformed disability law and policy and reconfigured how support is administered and funded to ensure maximum choice and independence is accorded to people with disabilities.

This interdisciplinary collection of essays addresses the theoretical, practical and legal dimensions of equality for persons with disabilities. The issues covered include the central problem of defining disability and impairment; the dilemma of same versus different treatment; the balance between autonomy and external influence and support; linkages to other anti-discrimination categories such as race and sex; the place of disability theory within identity politics; and issues of life, death, and our most intimate relationships. The articles reflect a wealth of international viewpoints and interdisciplinary areas which include philosophy, economics, memoirs, cultural studies, empirical studies and legal scholarship. The selection also includes classic texts which set out foundational ideas such as the social model of disability or the goal of integration, alongside essays that critique these conceptual mainstays. This volume brings into sharp focus a wide range of contentious and complex issues in the field of disability studies and is of interest to researchers and students from a wide range of fields.

This inspiring book contains letters of encouragement and advice from lawyers with disabilities to law students and new lawyers with disabilities. The writers share their perspectives on work and disability, based on their own experiences of success and setbacks.

This book provides employers with sound business reasons for hiring and retaining persons with disabilities, along with specific recommendations on integrating them into the workplace. It covers four legal perspectives and provides employers, and those lawyers who represent employers, with a comprehensive understanding of the basic legal obligations to job applicants and employees who have disabilities and a disability diversity blueprint that employers may adapt to implement disability diversity programs.

Covers employment, state and local government, public accommodations, telecommunications, housing and zoning, education, and criminal and civil institutions. This book addresses practical ways to maximize the benefits of the client-lawyer relationship.

This book contains a global comparative study of implementation and monitoring mechanisms for national disability strategies. It comprises a comparative study that was conducted at international, regional and comparative country levels and that highlights critical success factors in implementing disability strategies or action plans worldwide. It explores emerging synergies between what is required to implement principles of international law contained in the Convention on the Rights of Persons with Disabilities and what it is possible to achieve through national policy and systems development. A number of critical success factors for implementing and monitoring strategies are identified, including leadership from government and civil society, participation of disabled people in implementation and monitoring, transparency and accountability in reporting on progress, independent monitoring and external review, and the ability to measure progress with indicators of disability equality.

Righting Educational Wrongs brings together the work of scholars from the fields of disability studies in education and law to examine contemporary struggles around inclusion and access to education. Specifically, contributors examine disability related policies and practices as they contribute to or undermine educational access for individuals with disabilities.

Two things are certain in the contemporary workplace: the aging of employees, and negative attitudes toward them - especially those with disabilities--by younger colleagues and supervisors. Yet related phenomena seem less clear: how do negative stereotypes contribute to discrimination on the job? And how are these stereotypes perceived in legal proceedings? Bringing theoretical organization to an often unfocused literature, Disability and Aging Discrimination offers research in these areas at the same level of rigor as research into racial and gender discrimination. The book applies Social Analytic Jurisprudence, a framework for testing legal assumptions regarding behavior, and identifies controversies and knowledge gaps in age-discrimination and disability law. Chapters provide historical background or present-day context for the prevalence of age and disability prejudices, and shed light on the psychosocial concepts that must be understood, in addition to medical considerations, to make improvements in legal standards and workplace policy. Among the topics covered: * Applying Social Analytic Jurisprudence to age and disability discrimination. * The psychological origins and social pervasiveness of ageism. * Growing older, working more: the boomer generation on the job. * Limitations of the Americans with Disabilities Act. * Disability and procedural fairness in the workplace. * Cross-cultural perspectives on stigma. The first volume of its kind, Disability and Aging Discrimination is essential reading for researchers, forensic and rehabilitation psychologists/psychiatrists, and those involved in the well-being of older and disabled workers.