The Law of Disability Discrimination

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The purpose of this book is to provide students with an in- depth understanding of the ADA, including the sections governing employment (Title I), public entities (Title II), and public accommodations (Title III). The book focuses on the major components of the ADA, with extensive reference to the implementing regulations and accompanying guidance statements--essential building blocks for a complete understanding of the Act. It also covers a wide range of additional topics, such as education, housing, insurance, and the protection of newborns with disabilities. Because the ADA intersects several other federal statutes, such as the IDEA, the FHAA, and Section 504 of the Rehabilitation Act, cross- references to these and other statutes are frequently provided. A companion book, The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance, includes reference material relevant to interpreting federal law prohibiting discrimination on the basis of disability. The Handbook includes the statutory language of each of the five Titles of the ADA. In addition, with respect to Titles I, II, and III, the Handbook includes the regulations and interpretive guidance promulgated by the EEOC and the United States DOJ. The Handbook also includes reference material relevant to interpreting Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act Amendments of 1998, as well as excerpts from the Civil Rights Act of 1991. Further, the Handbook contains the text of the IDEA, the Department of Education Regulations implementing the IDEA, and the Convention on the Rights of Persons with Disabilities.
 

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Contents

THE PROBLEM OF DISABILITYBASED
FORMS OF DISCRIMINATION
F THE LAW OF DISABILITY DISCRIMINATION
DEFINITION OF INDIVIDUAL WITH
B HAVING AN ACTUAL DISABILITY PRONG ONE
RECORD OF AN IMPAIRMENT PRONG TWO
EMPLOYMENT DISCRIMINATION
b Students With Learning Disabilities
Notes and Problems for Discussion
ADA TITLE II
B STATE SOVEREIGN IMMUNITY ISSUES
DISCRIMINATION ON THE BASIS OF DISABILITY
ACCESSIBILITY
E REASONABLE MODIFICATIONS IN EXISTING POLICIES
F LICENSING RULES
G INTEGRATION

NONDISCRIMINATION REQUIREMENTS
SPECIAL ISSUES RELATING TO CATEGORIES OF PLAINTIFFS
E DEFENSES
F RELATIONSHIP BETWEEN ADA TITLE I AND THE FAMILY
G REMEDIES
EDUCATIONAL DISCRIMINATION
Tufts University School of Medicine Wynne
POSTSECONDARY EDUCATION
ADA TITLE III
B REASONABLE MODIFICATIONS
DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHERS
WHEELCHAIR ACCESSIBILITY AT PLACES OF EXHIBITION
E DEFENSES IN GENERAL
F EXAMINATIONS AND COURSES
G PROCEDURES AND REMEDIES
H ACCESSIBILITY EVALUATION
H RELIEF
HOUSING
B PROOF OF DISCRIMINATION
REASONABLE ACCOMMODATIONS
MODIFICATIONS TO EXISTING APARTMENTS
E ILLEGAL USE OF DRUGS AND USE OF ALCOHOL
F THREAT TO FELLOW TENANTS
INSURANCE
DISCRIMINATION AND SUBTERFUGE RULES
E OTHER FEDERAL LAWS RELEVANT TO DISABILITY
Newborns with Disabilities
DISCRIMINATION ON THE BASIS OF DISABILITY
E INFANTICIDE FOR BABIES WITH DISABILITIES
Table of Cases
Index
Copyright

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About the author (2009)

Professor Colker is one of the leading scholars in the country in the areas of constitutional law and disability discrimination. She is the author of eight books, two of which have won book prizes. She has also published more than 50 articles in law journals such as the Harvard Law Review, Yale Law Journal, Columbia Law Journal, Pennsylvania Law Review, University of Virginia Law Review, and University of Michigan Law Review. She has been a frequent guest on National Public Radio to comment on disability and constitutional law topics. Before joining the faculty at Ohio State, Professor Colker taught at Tulane University, the University of Toronto, the University of Pittsburgh, and in the women's studies graduate program at George Washington University. She also spent four years working as a trial attorney in the Civil Rights Division of the United States Department of Justice, where she received two awards for outstanding performance. Professor Colker was also a recipient of the University's Distinguished Lecturer Award in 2001, the University's Distinguished Diversity Enhancement Award in 2002 and the University Distinguished Scholar Award in 2003. She is a 1978 graduate of Harvard University and a 1981 graduate of Harvard Law School.

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