scholarly journals Fifth Indifference

2019 ◽  
Vol 7 (4) ◽  
pp. 1-12
Author(s):  
Derek Warden
Keyword(s):  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
Circuit Courts ◽  
Deliberate Indifference

The Americans with Disabilities Act prohibits discrimination against people with disabilities. Title II of the ADA applies to public entities. That same Title allows plaintiffs to obtain damages upon a showing that the discrimination was intentional. There are generally two possible standards of intent: (1) deliberate indifference or (2) animus. While most Circuit Courts expressly adopted the deliberate indifference model, the Fifth Circuit has not. Indeed, the Fifth Circuit has not adopted any standard and this has led to confusion. The confusion is not helped, moreover, by the sheer lack of justification offered by a number of the Circuit Courts who have adopted either standard. This Essay seeks to clear that confusion. It offers reasons why deliberate indifference, and not the animus standard, should apply to ADA Title II claims. Further, it explains why no Fifth Circuit precedent should be construed as prohibiting the adoption of the deliberate indifference standard.

Support for the Americans With Disabilities Act Among Nondisabled People

2021 ◽  
pp. 104420732110231
Author(s):  
Carli Friedman ◽  
Laura VanPuymbrouck
Keyword(s):  
Civil Rights ◽  
Americans With Disabilities Act ◽  
A Priori ◽  
People With Disabilities ◽  
Secondary Data ◽  
The United States ◽  
Limited Participation ◽  
Persons With Disabilities ◽  
Research Questions ◽  
The Relationship

The Americans with Disabilities Act (ADA) opened the doors to access and enhanced the civil rights of people with disabilities. However, a lack of accessibility to all segments of society continues throughout the United States and is frequently described by people with disabilities as a leading cause for limited participation. Beliefs and attitudes regarding disability can affect critical decisions regarding inclusion and people with disabilities’ civil rights. Therefore, the purpose of this study was to explore support and opposition to the ADA among nondisabled people. We had the following research questions: (a) What is the relationship between disability prejudice and support for the ADA? and (b) When controlling for disability prejudice, what other factors lead people to support the ADA? To do so, we examined secondary data from approximately 13,000 participants from all 50 states and the District of Columbia. Findings from this study revealed that people who oppose the ADA are significantly more prejudiced toward people with disabilities than people who support the ADA. Understanding and becoming aware of attitudes and prejudice toward persons with disabilities can be a first step toward dispelling such beliefs and possibly a priori step to achieving the intent and spirit of the ADA.

The Role of the Pediatrician in Implementing the Americans With Disabilities Act: Subject Review

PEDIATRICS ◽  
1996 ◽  
Vol 98 (1) ◽  
pp. 146-148
Author(s):  
Keyword(s):  
American Academy ◽  
Special Needs ◽  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
Reasonable Accommodation ◽  
Individuals With Disabilities ◽  
American Academy Of Pediatrics ◽  
Counseling Adolescents ◽  
Recreational Programs

In this statement, the American Academy of Pediatrics reaffirms the importance of the Americans With Disabilities Act (ADA), which guarantees people with disabilities certain rights to enable them to participate more fully in their communities. Pediatricians need to know about the ADA provisions to be able to educate and counsel their patients and patients' families appropriately. The ADA mandates changes to our environment, including reasonable accommodation to the needs of individuals with disabilities, which has application to schools, hospitals, physician offices, community businesses, and recreational programs. Pediatricians should be a resource to their community by providing information about the ADA and the special needs of their patients, assisting with devising reasonable accommodation, and counseling adolescents about their expanded opportunities under the ADA.

Housing for People with Disabilities: A Review of State Olmstead and HUD Consolidated Plans

2019 ◽  
pp. 0739456X1984456
Author(s):  
Lynn McCormick ◽  
Alex Schwartz ◽  
Chiara Passerini
Keyword(s):  
United States ◽  
Urban Development ◽  
Housing Policy ◽  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
The United States ◽  
Policy Makers ◽  
Housing Needs ◽  
Ordered State ◽  
Made In

Although some scholars have discussed the serious shortage of appropriate housing for people with disabilities, planners and housing policy makers have been largely silent on this issue. We summarize the literature, to date, about the housing needs of people with disabilities in the United States. We investigate what progress states have made in addressing these needs since the Americans with Disabilities Act (1990) by examining recent court-ordered state Olmstead plans and their U.S. Department of Housing and Urban Development (HUD) Consolidated plans. We find that states are mostly aware of the size and housing needs of people with disabilities but have not yet developed sufficient programming.

Twenty-Five Years of the Americans With Disabilities Act

2016 ◽  
Vol 22 (2) ◽  
pp. 135-138
Author(s):  
Alison Edie
Keyword(s):  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
25Th Anniversary ◽  
Americans With Disability Act ◽  
The Law ◽  
The Impact

The 25th anniversary of the Americans With Disability Act invites reflection on the significance of this legislation for people with disabilities. Nurses need to consider the impact of this legislation on the health of people with disabilities, the role nurses play in the lives of those with disabilities, and implications for how the law impacts the practice of nursing.

scholarly journals 5 Simple Ways to Create More Accessible Social Media Content

2021 ◽  
Vol 18 (6) ◽  
Author(s):  
Jean Wnuk
Keyword(s):  
Social Media ◽  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
Media Content ◽  
Online Content ◽  
Title Iii ◽  
The Right ◽  
Physical Spaces

Principles of accessibility are not limited to physical spaces (such as stairs or curbs) – the same principles apply to online content, including social media sites. If you are using social media as a channel to distribute your research and content, the following are reasons why your social media content should be made accessible: It is easy to do and the right thing to do; This will increase access of your research to people with disabilities; You will be abiding by Title III of the Americans with Disabilities Act (ADA). In this tip sheet we share with you five simple ways to make your social media posts as widely accessible as possible.

Enforcing Title I of the Americans With Disabilities Act: Horton Hears A Who

2005 ◽  
Vol 36 (1) ◽  
pp. 12-19 ◽  
Author(s):  
Sandra LeBlanc
Keyword(s):  
Title I ◽  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
Rehabilitation Counselors ◽  
Positive Difference ◽  
American Society

The Americans With Disabilities Act (ADA) became law in 1990. Disability advocates were certain that the ADA would make a positive difference in the lives of those with disabilities and in some cases it has. Inasmuch as work is highly valued in American Society, Title I of the ADA becomes a significant indicator of acceptance or non-acceptance of the rights of people with disabilities and the continuing stigma they experience as they attempt to find and hold jobs. Title I and its enforcement is particularly relevant to the work conducted by Rehabilitation Counselors. As people with disabilities and their advocates attempted to enforce Title I of the ADA, an unexpected pattern developed. This paper outlines the processes and pitfalls of ADA enforcement, including court interpretations and decisions; the media's negative portrayal of the ADA; and suggestions for rehabilitation counselors to consider in their role as advocates for people with disabilities.

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.

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