Crippled Justice: The History of Modern Disability Policy in the Workplace

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University of Chicago Press, Oct 15, 2001 - Business & Economics - 288 pages
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Crippled Justice, the first comprehensive intellectual history of disability policy in the workplace from World War II to the present, explains why American employers and judges, despite the Americans with Disabilities Act, have been so resistant to accommodating the disabled in the workplace. Ruth O'Brien traces the origins of this resistance to the postwar disability policies inspired by physicians and psychoanalysts that were based on the notion that disabled people should accommodate society rather than having society accommodate them.

O'Brien shows how the remnants of postwar cultural values bogged down the rights-oriented policy in the 1970s and how they continue to permeate judicial interpretations of provisions under the Americans with Disabilities Act. In effect, O'Brien argues, these decisions have created a lose/lose situation for the very people the act was meant to protect. Covering developments up to the present, Crippled Justice is an eye-opening story of government officials and influential experts, and how our legislative and judicial institutions have responded to them.
 

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Contents

The Psychoanalytical Model of Disability
27
Restoring the Whole Man
63
Rehabilitating the Poor
88
Rights and the Passage of the Rehabilitation Act
107
5 Court Constraints on Disability Rights
137
The Americans with Disabilities Act
162
AFTERWORD
207
NOTES
223
INDEX
277
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About the author (2001)

Ruth O'Brien is an associate professor in the government department at the John Jay College of Criminal Justice and deputy chair of the political science program at the Graduate Center of the City University of New York. She is the author of Workers' Paradox: The Republican Origins of New Deal Labor Policy, 1886-1935.

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