COMPLIANCE BY PHYSICAL MEDICINE AND REHABILITATION RESIDENCY APPLICATIONS WITH THE AMERICANS WITH DISABILITIES ACT, THE CIVIL RIGHTS ACT OF 1964, AND THE REHABILITATION ACT OF 1973

Author(s):  
Lyn Weiss
1984 ◽  
Vol 10 (3) ◽  
pp. 323-347
Author(s):  
Edith F. Canter

AbstractThe emergence of genetic screening techniques will permit employers to exclude hypersusceptible individuals from potentially hazardous workplace environments. The denial of employment opportunities to these individuals, however, may constitute discrimination. This Note analyzes genetic screening cases with respect to currently available remedies contained in Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. The Note concludes that Title VII claims may succeed but only in limited circumstances and that Rehabilitation Act claims will encounter numerous obstacles to relief. Additionally, the Note discusses some of the implications of the use of genetic screening in the workplace.


2018 ◽  
Vol 11 (2) ◽  
pp. 27-40 ◽  
Author(s):  
Chad M. Stevens ◽  
Elizabeth Schneider ◽  
Patricia Bederman-Miller

This paper explores post-secondary faculty perceptions of awareness and preparedness relating to Americans with Disabilities Act (ADA).  Institutions of higher education are businesses. The largest threat to sustained viability for many businesses is litigation. Business-related litigation is often the result of non-employment discrimination or torts (violation of civil rights).  Lack of knowledge (awareness and preparedness) is usually not a sufficient reason for defendants in business-related litigation. The number of college students reporting learning-related disabilities is growing. About 2.2 million students enrolled in higher education institutions have a documented disability (National Center for Education Statistics, 2016). Disability related litigation is a trending concern for institutions of higher education.  Are post-secondary faculty ‘aware’ and ‘prepared’ to make the necessary accommodations for students with qualified learning disabilities in classrooms? ADA awareness is defined as cognizance relating to the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990.  ADA preparedness is defined as readiness and ability to follow obligations relating to the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990.  A moderate, positive correlation was discovered between the two variables, indicating the more awareness one has of ADA laws and requirements, the more prepared one is in dealing with accommodations for those with learning disabilities. Research indicates a need for updated and current training in the area of ADA awareness and preparedness of post-secondary faculty.


1999 ◽  
Vol 30 (2) ◽  
pp. 19-24 ◽  
Author(s):  
Corey L. Moore ◽  
Sonja Feist-Price

The Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) are evidence of the progress, in relation to civil rights, made in the disability public policy arena. Similarly, much progress has been made in changing negative attitudes that sometimes prevail in the organizational workforce. Although much progress has been made for persons with disabilities, there remains much work to be accomplished. An abundance of concerns have recently surfaced regarding whether the previously noted legislation effectively address the rights of persons with disabilities in the organizational workforce. In light of recent concerns, the authors advocate the minority group model as a catalyst for creating public policy that will effectively address the rights of persons with disabilities. Thus, the purpose of this paper is to support the hypothesis that the organizational workforce's perception of persons with disabilities as a minority group will change societal attitudes resulting in a more progressive public policy.


1996 ◽  
Vol 27 (4) ◽  
pp. 25-29 ◽  
Author(s):  
Darin Stageberg ◽  
Jerry Fischer ◽  
Alice Barbut

The purpose of this study was to gather data about university students' familiarity with the civil rights laws pertaining to people with disabilities: Section 504 of the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990. A majority of nondisabled students and students with disabilities reported that they had little, very little, or no knowledge at all of civil rights laws pertaining to people with disabilities. In addition, a significant difference was found between the number of university students with disabilities and students without disabilities requesting accommodations from employers. Furthermore, less than 30% of the university students with disabilities in this study requested a workplace accommodation. Given the results of this research, it is recommended that university students with disabilities receive greater exposure to civil rights laws pertaining to people with disabilities.


2015 ◽  
Vol 35 (3) ◽  
Author(s):  
Lauren Shallish

<p><span>Civil rights laws including the Civil Rights Act of 1964, Title IX of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 worked to protect classes and individuals for whom discrimination had been documented. In an effort to further remedy educational inequality, colleges and universities increasingly used identity categories to enable access and participation in postsecondary life. In addition to anti-discrimination statutes, attention to marginalized groups evolved to include larger networks of academic and co-curricular support such as formations of identity centers, cultural events, fields of study and scholarships yet disability is largely absent from this work as much of higher education maintains a singular focus on legal compliance. This study investigates how disability law is conceived and enacted on five divergent campuses and how participants understood both the function of disability law and other cultural, social and political aspects of disability-related identities.</span></p>


1995 ◽  
Vol 23 (1) ◽  
pp. 155-184 ◽  
Author(s):  
Susan L. Pollet

This article discusses the current legislation that an employer must comply with when dealing with employees who suffer from mental illness and the extent to which an employer must provide reasonable accommodations to such individuals. It includes a discussion of the standards, including the reasonable accommodation requirement, under both the Rehabilitation Act of 1973 (“Rehabilitation Act”) and the Americans with Disabilities Act of 1990 (“ADA”). The article also discusses recent case law involving claims under the above legislation with respect to the threshold question of whether the individual has a “qualifying handicap” and reasonable accommodation issues. The article concludes with a discussion of recommendations regarding ways in which an employer can reasonably accommodate a mentally ill employee, with a brief analysis of some of the barriers to accomplishing same.


1990 ◽  
Vol 16 (3) ◽  
pp. 279-326
Author(s):  
Patricia A. Maffeo

This article describes an assessment role performed by clinical psychologists in the employment context, and examines how it has been evaluated by the courts from the standpoint of discrimination against persons with disabilities. Guidelines are offered for making fitness-for-duty decisions which are legally defensible, and examples of the decision-making process are provided. Data-based limitations on professional expertise are articulated, and conclusions drawn are aimed at practicing psychologists and the courts dealing with these uncertainties. Issues are analyzed principally in relation to the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), which has been passed by both houses of Congress.


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