Topic
Disability
778 published works
Labor Law Prof Blog
EEOC Update: Agency Files Disability Claim on Behalf of Cancer Victim
image from: www.eeoc.govThe EEOC appears to be continuing its active efforts to enforce the Americans with Disabilities Act. The agency recently filed suit against a health care provider that terminated…
Civil Rights Law & Policy Blog
“Morbid obesity is a protected class…”
...an advisor to Europe's highest court ruled," according to the Courthouse News Service. Here are the basics: Karsten Kaltloft claimed he was fired Nov. 22, 2010, after working for the…
Education Law Prof Blog
ED Announces “Major Shift” in Special Education Compliance Towards “Results-Driven Accountability”
Yesterday, Education Secretary Arne Duncan announced a "major shift" in the way that the ED measures how well states are educating the nation's 6.5 million special education students. In keeping…
Employment Discrimination Report
Shopping In The “Husky” Section: A Reader Talks Of Obesity
Obesity -- disability or lack of self-control? This question has resonated with readers -- especially now that the European Court is poised (possibly?) to call it a disability, and now that…
Education Law Prof Blog
Department of Education Seeks Proposals to Address Racial Disparities in Special Education
By Derek Black
Request for Information (RFI) on Significant DisproportionalityThe U.S. Department of Education (Department) published an RFI in the June 19, 2014 Federal Register requesting public comment on the actions that the…
Fair Housing Defense
Is There a Difference Between “Disability” and “Handicap” in the Fair Housing Laws?
In this space and elsewhere, the terms “disability” or “handicap” are often used in identifying certain individuals who are included in a protected class. Do they mean the same thing? …
Labor Law Prof Blog
EEOC Update: Disability Litigation
Image from eeoc.govThe EEOC recently filed a lawsuit under the ADA in the U.S. District Court for the Eastern District of Michigan.The lawsuit alleges disability discrimination on behalf of a hearing…
Civil Rights Law & Policy Blog
SCOTUS denies review of decision requiring California to monitor compliance with ADA by local jails
The Los Angeles Times reports today that SCOTUS has rejected California's appeal of the lower court decision requiring the state to ensure that prisoners transferred to county jails receive the…
Pennsylvania Law Monitor
Time Frame Under Tort Claims Act Waived if Litigant is “Disabled”
In 2014 the New Jersey Appellate Division reinstated a lawsuit that was filed by Natasha Ramirez concerning an accident in which she fell out of her wheelchair. The Appellate Division overturned…
South Carolina Nursing Home Blog
Not Dead Yet
By Ray Mullman
On May 28, 2014, Not Dead Yet, the Center for Disability Rights and 11 other New York based disability organizations submitted public comments on the New York State Medicaid Delivery…