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

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.

The 1970s

2011 ◽  
Author(s):  
Thomas Borstelmann
Keyword(s):  
Civil Rights ◽  
Free Market ◽  
The United States ◽  
Global Perspective ◽  
Retirement Plans ◽  
Free Agency ◽  
The World ◽  
The Disabled ◽  
Oil Crisis ◽  
American Society

This book looks at an iconic decade when the cultural left and economic right came to the fore in American society and the world at large. While many have seen the 1970s as simply a period of failures epitomized by Watergate, inflation, the oil crisis, global unrest, and disillusionment with military efforts in Vietnam, this book creates a new framework for understanding the period and its legacy. It demonstrates how the 1970s increased social inclusiveness and, at the same time, encouraged commitments to the free market and wariness of government. As a result, American culture and much of the rest of the world became more—and less—equal. This book explores how the 1970s forged the contours of contemporary America. Military, political, and economic crises undercut citizens' confidence in government. Free market enthusiasm led to lower taxes, a volunteer army, individual 401(k) retirement plans, free agency in sports, deregulated airlines, and expansions in gambling and pornography. At the same time, the movement for civil rights grew, promoting changes for women, gays, immigrants, and the disabled. And developments were not limited to the United States. Many countries gave up colonial and racial hierarchies to develop a new formal commitment to human rights, while economic deregulation spread to other parts of the world, from Chile and the United Kingdom to China. Placing a tempestuous political culture within a global perspective, this book shows that the decade wrought irrevocable transformations upon American society and the broader world that continue to resonate today.

New Directions in Latino/a/x Histories of Education: Comparative Studies in Race, Language, Law, and Higher Education

2020 ◽  
Vol 60 (4) ◽  
pp. 612-622
Author(s):  
Rosina Lozano
Keyword(s):  
Higher Education ◽  
Civil Rights ◽  
Race And Ethnicity ◽  
Large Scale ◽  
Student Activism ◽  
The United States ◽  
The Philippines ◽  
Language Instruction ◽  
Historical Inquiry ◽  
Legal Cases

The twenty-first century has seen a surge in scholarship on Latino educational history and a new nonbinary umbrella term, Latinx, that a younger generation prefers. Many of historian Victoria-María MacDonald's astute observations in 2001 presaged the growth of the field. Focus has increased on Spanish-surnamed teachers and discussions have grown about the Latino experience in higher education, especially around student activism on campus. Great strides are being made in studying the history of Spanish-speaking regions with long ties to the United States, either as colonies or as sites of large-scale immigration, including Puerto Rico, Cuba, and the Philippines. Historical inquiry into the place of Latinos in the US educational system has also developed in ways that MacDonald did not anticipate. The growth of the comparative race and ethnicity field in and of itself has encouraged cross-ethnic and cross-racial studies, which often also tie together larger themes of colonialism, language instruction, legal cases, and civil rights or activism.

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.

Legal and Ethical Implications of Website Accessibility

2018 ◽  
Vol 81 (4) ◽  
pp. 399-420 ◽  
Author(s):  
Zsuzsanna Bacsa Palmer ◽  
Ralph Henry Palmer
Keyword(s):  
United States ◽  
Digital Communication ◽  
The United States ◽  
Professional Communication ◽  
Ethical Considerations ◽  
Legal Cases ◽  
Detailed Review ◽  
Ethical Implications ◽  
Legal Context ◽  
The Disabled

This article argues that business and professional communication practitioners, instructors, and students, besides becoming better informed about the legal context of website accessibility, should also become more aware of the ethical considerations of creating digital communication products that are inherently accessible for people with disabilities. Through a detailed review of the most important legal cases in the United States and discussion of ethical considerations concerning website accessibility for the disabled, we provide possible entrance points that will help instructors bring ethical considerations into the discussion of website accessibility. We urge instructors to regularly include disability in discussions of accessibility cases.

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.

Responding to the (Dual) Policing Crisis in Ferguson

2021 ◽  
pp. 63-107
Author(s):  
Christy E. Lopez
Keyword(s):  
Civil Rights ◽  
Police Department ◽  
The United States ◽  
United States Department ◽  
Department Of Justice ◽  
The World ◽  
Or Practice ◽  
Civil Rights Division ◽  
The Impact ◽  
Acute Crisis

The police shooting death of Michael Brown Jr. in Ferguson, Missouri, in August 2014 set off a policing crisis that reverberated across the world. The United States Department of Justice Civil Rights Division (DOJ) intervened in this crisis, initiating a pattern-or-practice investigation of the Ferguson Police Department. This investigation resulted in a transformative Findings Report and federal consent decree. To fully assess the impact of DOJ’s intervention, it is helpful to conceptualize America’s policing crisis as a dual crisis: one acute, the other chronic. When assessing DOJ’s intervention in Ferguson through this lens, readers can see that DOJ’s work is an important, albeit partial, response to the chronic crisis and has only an ancillary impact on the acute crisis.

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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