ADA (Articles) « ADA – Olmstead
Americans With Disabilities Act:
- Access is An Attitude, Not Just a Law (StarNews – 5/12/10)
Under the ADA (American with Disabilities Act) historic buildings have different guidelines than new construction.
- 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 Changes Better Late Than Never (Employee Rights Post – 11/9/09)
The ADA was intended to protect individuals with disabilities from discrimination. Because of the way in which the Act was written, combined with the way in which it has been interpreted by an exceedingly conservative federal judiciary, most cases got thrown out on summary judgment because the courts determined that the individual plaintiff employee was not disabled.
- 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)
- 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 ADA – Reflections from Tom Harkin (Ability Magazine)
We have come a long way in the last 20 years. Before the ADA, life was very different for people with disabilities, and discrimination was both commonplace and accepted.
- 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.
- Expansion of American Disability Law Now Looks Likely (Kiplinger Business Resource Center – Jan. 24, 2008)
Employers should brace for an expansion of the Americans with Disabilities Act. A bipartisan group of lawmakers is pushing a bill that would broaden the reach of the ADA.
- 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.
- 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.
- Justice Department Files Lawsuit Against Arkansas Alleging Statewide Violations of the ADA (PR Newswire 5/6/10)
The complaint encompasses all six Arkansas Human Development Centers 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.
- 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)
- 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.