scholarly journals "Just How Much Diversity Will the Law Permit?": The Americans with Disabilities Act, Diversity and Disability in Higher Education

2015 ◽  
Vol 35 (3) ◽  
Author(s):  
Lauren Shallish
Keyword(s):  
Higher Education ◽  
Civil Rights ◽  
Title Ix ◽  
Americans With Disabilities Act ◽  
Educational Inequality ◽  
Section 504 ◽  
Rehabilitation Act Of 1973 ◽  
Legal Compliance ◽  
Marginalized Groups ◽  
Disability Law

<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>

University Students' Knowledge of Civil Bights Laws Pertaining to People with Disabilities

1996 ◽  
Vol 27 (4) ◽  
pp. 25-29 ◽  
Author(s):  
Darin Stageberg ◽  
Jerry Fischer ◽  
Alice Barbut
Keyword(s):  
Civil Rights ◽  
University Students ◽  
Students With Disabilities ◽  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
Section 504 ◽  
Rehabilitation Act Of 1973 ◽  
Workplace Accommodation ◽  
Significant Difference ◽  
The University

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.

scholarly journals Identifying Faculty Perceptions Of Awareness And Preparedness Relating To ADA Compliance At A Small, Private College In NE PA

2018 ◽  
Vol 11 (2) ◽  
pp. 27-40 ◽  
Author(s):  
Chad M. Stevens ◽  
Elizabeth Schneider ◽  
Patricia Bederman-Miller
Keyword(s):  
Higher Education ◽  
Learning Disabilities ◽  
Civil Rights ◽  
Americans With Disabilities Act ◽  
Faculty Perceptions ◽  
Institutions Of Higher Education ◽  
Rehabilitation Act Of 1973 ◽  
Post Secondary ◽  
Education Statistics ◽  
Rehabilitation Act

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.

Societal Attitudes and the Civil Rights of Persons With Disabilities

1999 ◽  
Vol 30 (2) ◽  
pp. 19-24 ◽  
Author(s):  
Corey L. Moore ◽  
Sonja Feist-Price
Keyword(s):  
Public Policy ◽  
Civil Rights ◽  
Americans With Disabilities Act ◽  
Minority Group ◽  
Group Model ◽  
Rehabilitation Act Of 1973 ◽  
Negative Attitudes ◽  
Persons With Disabilities ◽  
Policy Arena ◽  
Made In

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.

Sexual Harassment and Internships: How Do We Protect Our Students and Program?

2017 ◽  
Vol 6 (4) ◽  
pp. 391-393 ◽  
Author(s):  
Anne C. Russ ◽  
Dani M. Moffit ◽  
Jamie L. Mansell
Keyword(s):  
Higher Education ◽  
United States ◽  
Civil Rights ◽  
Sexual Harassment ◽  
Title Ix ◽  
Department Of Education ◽  
Responsibility To Protect ◽  
United States Department ◽  
Education Programs ◽  
States Department

Sexual harassment is a sensitive and pervasive topic in higher education. Programs and institutions have the responsibility to protect the students from sexual harassment under Title IX of the Education Amendments of 1972 (United States Department of Education Office of Civil Rights, 2011). While much attention has been focused toward on-campus interactions (i.e., professor/student, student/student), many students participate in off-campus fieldwork and internships associated with coursework, where the students are still protected under Title IX. The purpose of this discussion is to define sexual harassment, summarize research regarding sexual harassment in a fieldwork setting, consider how sexual harassment affects students, and identify resources to help programs identify and respond to sexual harassment.

Attention-Deficit/Hyperactivity Disorder and Section 504

1995 ◽  
Vol 16 (1) ◽  
pp. 44-52 ◽  
Author(s):  
ROBERT REID ◽  
ANTONIS KATSIYANNIS
Keyword(s):  
Attention Deficit Hyperactivity Disorder ◽  
Civil Rights ◽  
Attention Deficit ◽  
Public Law ◽  
Section 504 ◽  
Rehabilitation Act Of 1973 ◽  
Result Section ◽  
Children With Adhd ◽  
Hyperactivity Disorder ◽  
Eligibility Assessment

How educators can best serve the needs of students with attention-Deficit/Hyperactivity Disorder (ADHD) is rapidly becoming a major issue. Section 504 of the Rehabilitation Act of 1973 is one avenue actively pursued by advocacy groups to obtain services for children with ADHD. As a result, Section 504 is experiencing a resurgence; however, because it has had little educational application since the inception of public law 94-142, many educators are unaware of the requirements posed by Section 504. A review of relevant office of civil rights rulings on eligibility, assessment, and accommodations for children with ADHD is provided.

The Spectrum of Disability Documentation Requirements at 12 Institutions A Thematic Analysis

2021 ◽  
Vol 26 (2) ◽  
Author(s):  
Emily Tarconish ◽  
Ashley Taconet ◽  
Nicholas Gelbar ◽  
Joseph Madaus ◽  
Lyman Dukes III ◽  
...  
Keyword(s):  
Higher Education ◽  
Postsecondary Education ◽  
Wide Spectrum ◽  
The United States ◽  
Postsecondary Institutions ◽  
Section 504 ◽  
Disability Services ◽  
Institutions Of Higher Education ◽  
Rehabilitation Act Of 1973 ◽  
Disability Documentation

The two laws primarily governing disability services in postsecondary education, the Americans with Disabilities Act Amendments Act (ADAAA) and Section 504 of the Rehabilitation Act of 1973, permit institutions of higher education to determine disability documentation requirements on an individual basis. Many institutions have utilized documentation guidelines delineating a range of domains to be addressed, and often, suggestions for specific tests to be included, as well as strict recency requirements. Following passage of the ADAAA in 2008, the Association on Higher Education and Disability (AHEAD) published documentation guidance practices that reflected the updated ADAAA. The current qualitative study examined the perspectives of 12 directors of disability services (DDS) at postsecondary institutions in the United States regarding the disability documentation requirements at their respective schools and their perspectives on why the standards were adopted. Findings revealed a wide spectrum from flexibility to rigidity in requirements from those who employ traditional guidelines to those who apply selective degrees of the AHEAD guidance. Benefits and drawbacks of documentation and the AHEAD guidance are discussed, as well as suggestions for practitioners and institutions seeking to implement the AHEAD guidance.

scholarly journals Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities

2018 ◽  
Author(s):  
Helia Garrido Hull
Keyword(s):  
Civil Rights ◽  
Americans With Disabilities Act ◽  
Small Businesses ◽  
Equal Access ◽  
Individuals With Disabilities ◽  
Full Compliance ◽  
Disability Law ◽  
The Disabled ◽  
Title Iii ◽  
Improve Access

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 1 , Article 2. The Americans with Disabilities Act (“ADA”) is recognized as one of the most significant pieces of civil rights legislation in American history and is aimed at protecting the rights of individuals with disabilities. Unfortunately, as the ADA has developed, some attorneys have exposed methods of exploiting the provisions of the ADA for personal, pecuniary benefits—fee-driven lawsuits for violations of plaintiff-friendly provisions of Title III of the ADA. As a result of this exploitation, record numbers of Title III disability cases are being filed by a small group of plaintiffs and attorneys who have created a lucrative “cottage industry” of vexatious and profitable lawsuits that do little to protect individuals with disabilities or promote the spirit and purpose of the ADA. Vexatious ADA litigation frequently occurs under the guise of a meritorious suit ostensibly brought on behalf of an individual with a disability who is seeking equal access to public accommodations. However, once the lawsuit is filed it quickly devolves into a hunt for vulnerable small businesses that are not in full compliance with the ADA. By exploiting small businesses that are likely to settle quickly instead of engaging in lengthy, costly litigation, lawyers bringing these cases are able to quickly recover attorney’s fees. The profitability and ease with which these lawsuits can be brought has prompted some attorneys to find and file as many ADA violation suits as possible. While the attorneys generate high profits from these lawsuits, money is diverted away from the real need—correcting the underlying violation that justified the lawsuit and providing the disabled plaintiff with equality and accessibility.This Article addresses the need to reform the ADA to prevent vexatious litigation and to promote the underlying goals of the Act. Part I of this Article introduces the topic of vexatious litigation and the importance of remedying the effects of exploitation of the ADA. Part II provides an overview of the ADA and its efforts to increase accessibility to individuals with disabilities, emphasizing the provisions of the Act that create incentives to engage in vexatious litigation. Part III examines and analyzes the judiciary’s response to vexatious litigation under the ADA, and sanctions that have been issued to limit exploitation. Finally, Part IV provides recommendations to reform the ADA and state disability law counterparts, suggests corrective actions to address vexatious litigation, and identifies methods to promote equality for individuals with disabilities.

scholarly journals Americans With Disabilities Act and Its Effects On Legal Cases

1996 ◽  
Vol 13 (1) ◽  
Author(s):  
Robert T. Hintersteiner
Keyword(s):  
Civil Rights ◽  
Americans With Disabilities Act ◽  
The United States ◽  
United States Department ◽  
Rehabilitation Act Of 1973 ◽  
Legal Cases ◽  
Full Compliance ◽  
Voluntary Compliance ◽  
The Disabled ◽  
Transit Routes

This Paper Will Discuss The Americans With Disabilities Act (Ada) Regulations, Problems Of Compliance, And Liabilities. Since The Passage Of The Americans With Disabilities Act (Ada) Of 1990, The Transit Industry Has Faced Numerous Legal Cases Concerning Compliance With Ada Regulations By Transit Operators, Violation Of An Individuals Civil Rights, And Liability Issues. The Federal Transit Administration (Fta) Has Required That Each Transit Operator Be In Compliance By January 26, 1997, And That Each Agency Sign A Voluntary Compliance Agreement Stating That It Will Be In Full Compliance By 2020.2 Under The Ada Law, The United States Department Of Transportation (Usdot) Is Required To Enforce The Regulations, Which Also Includes The Enforcement Power To Have All Transit Operators (Agencies) Comply With The Civil Rights Act Of 1964, And The Rehabilitation Act Of 1973. The Ada Regulations Require That All Transit Routes Be Accessible To The Disabled By January 26, 1997. If They Cannot, Then They Are Required To Provide A Paratransit Operation Until They Meet Full Compliance. In 1993, The Usdot Finalized And Published The Ada For Paratransit Eligibility Manual, September 1993 (Dot-T-93-17), Which Determined Compliance Regulations For The Transit Industry Regarding Providing Paratransit Operations To Eligible Passengers. These Laws And Regulations Have Created The Following Types Of Legal Cases: Voluntary Compliance Of Each Transit Agency Violations Of An Individuals Civil Rights Accident Liability

Sign in / Sign up

Export Citation Format

Share Document