Assessing Employment Discrimination Charges Filed by Individuals With Psychiatric Disabilities Under the Americans With Disabilities Act

1998 ◽  
Vol 9 (1) ◽  
pp. 81-105 ◽  
Author(s):  
KATHRYN MOSS ◽  
MATTHEW JOHNSEN ◽  
MICHAEL ULLMAN
Keyword(s):  
Americans With Disabilities Act ◽  
Employment Discrimination ◽  
Psychiatric Disabilities

On the Importance of the Americans With Disabilities Act at 30

2021 ◽  
pp. 104420732110369
Author(s):  
Peter Blanck
Keyword(s):  
Title I ◽  
Individual Difference ◽  
Americans With Disabilities Act ◽  
Local Governments ◽  
Employment Discrimination ◽  
Legal Cases ◽  
The Public ◽  
Title Iii ◽  
State And Local ◽  
Definition Of

This article offers a glimpse of the Americans with Disabilities Act (“ADA”) of 1990, as amended by the ADA Amendments Act of 2008 (“ADAAA”), at its 30th anniversary. It considers current issues before the courts, primarily legal cases from 2020 and 2021, and new questions in light of the COVID-19 pandemic, such the latitude of the ADA’s antidiscrimination protections and its definition of disability. It provides a quick primer on the basics of the ADA: employment discrimination under Title I, antidiscrimination mandates for state and local governments under Title II, and commands to places of accommodation offering services to the public under Title III. The ADA at 30 remains a beacon for a future in which all people, regardless of individual difference, will be welcomed as full and equal members of society.

Mediation of Employment Discrimination Disputes Involving Persons With Psychiatric Disabilities

2002 ◽  
Vol 53 (8) ◽  
pp. 988-994 ◽  
Author(s):  
Kathryn Moss ◽  
Jeffrey Swanson ◽  
Michael Ullman ◽  
Scott Burris
Keyword(s):  
Employment Discrimination ◽  
Psychiatric Disabilities ◽  
Persons With Psychiatric Disabilities

scholarly journals Improving Employer Accountability in a World of Private Dispute Resolution

2019 ◽  
pp. 285-314
Author(s):  
Hope Brinn
Keyword(s):  
Dispute Resolution ◽  
Americans With Disabilities Act ◽  
Employment Discrimination ◽  
Title Vii ◽  
Enforcement Mechanism ◽  
State Statutes ◽  
Settlement Agreements ◽  
Private Litigation

Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes. But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements—has compromised this means of enforcement. This Note argues that state-enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.

Impact Of Title I Of The Americans With Disabilities Act On People With Psychiatric Disabilities

2001 ◽  
Vol 32 (1) ◽  
pp. 45-50 ◽  
Author(s):  
Rebecca Spirito Dalgin
Keyword(s):  
Title I ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Psychiatric Disabilities ◽  
Recent Case ◽  
Rehabilitation Counselors ◽  
Current Information ◽  
The Law ◽  
Definition Of ◽  
The Impact

This article describes the intricacies of Title I of the ADA for people with psychiatric disabilities. Due to the complexities of the law it is important that rehabilitation counselors understand the specific dilemmas Title I presents for this population. Concerns about the ADA's definition of disability, qualification for the job, requesting accommodations, and disclosure will be discussed. Additionally, recent case law is provided on the impact of Title I for people with psychiatric disabilities. Rehabilitation counselors will gain critical and current information about ADA issues for people with psychiatric disabilities.

Kansas Court Denies Employment Discrimination Claims under ADA, FMLA, and PDA

1996 ◽  
Vol 24 (3) ◽  
pp. 271-272
Author(s):  
B.P.M
Keyword(s):  
United States ◽  
Americans With Disabilities Act ◽  
Employment Discrimination ◽  
The United States ◽  
District Court ◽  
Medical Leave ◽  
Pregnancy Discrimination ◽  
The Family ◽  
Pregnancy Discrimination Act ◽  
Summary Judgment

The United States District Court of Kansas, in Gudenkauf v. Stauffer, Znc.(922 F. Supp. 465 (D. Kan. 1996), granted the defendants motion for summary judgment for the plaintiff's claims of pregnancy-related discrimination under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act of 1993 (FMLA), but the court denied a similar motion for the plaintiff's claim under the Pregnancy Discrimination Act (PDA). The court found summary judgment to be appropriate for the ADA claim based on its finding that the plaintiff's pregnancy did not constitute an impairment as required by the statute; as for the FMLA claim, it determined that the defendants failure to grant the plaintiff's leave request did not violate the statute. However, the court determined that summary judgment was inappropriate for the PDA claim because of material questions of fact about whether the defendant had acted with discriminatory intent.In considering the motions for summary judgment, the court accepted the following facts as incontrovertible. Plaintiff Michaela Gudenkauf worked for the defendant Stauffer, Inc.

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