A pioneering reference for the community of people with mental retardation, their families, employers, lawyers, researchers, and policy makers. Based on empirical research and legal analysis, examines the antidiscrimination protections set out in the US act regarding employment. Especially considers

This book, written from the perspective of a lawyer with a disability (the author is hearing impaired), demonstrates that the Americans with Disabilities Act (ADA) is not just a law, but a way of life. It also discusses preventive lawyering with regards to the ADA. Since the first edition was published, the U.S. Supreme Court has decided over a dozen cases on the ADA and there have also been many appellate decisions as well. In this second edition, the Supreme Court decisions not included in the first edition and some of the appellate opinions that have come down since then are analyzed to provide the reader with an understanding of the workings of the ADA as it exists today.

Includes: Preamble, Introduction, Title I, Title II, Title III, Resource List, and Appendices.

The Americans With Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements. In one comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation. There's a complete analysis of the rapidly expanding case law - organized by frequently litigated topics, like wheelchair access and AIDS discrimination. In-depth analysis is provided for the numerous federal and state cases and significant regulatory activity by the EEOC cropping up each year. You'll also get thorough analysis of how the Rehabilitation Act of 1973 relates to ADA. The statutory definition of disability and the concept of being andquot;otherwise qualifiedandquot; for a job are also discussed in-depth. And you'll see exactly what employers, business owners, and providers of governmental services must do to make andquot;reasonable accommodation.andquot; Plus, a comprehensive section that organizes case law by type of physical and mental impairment and accommodation by type of job requirement, making analysis easier. Americans With Disabilities Act Handbook has been updated to include: Analysis of a Supreme Court case finding that Wal-Mart class action did not meet requirements of Federal Rules of Civil Procedure 23 Case law applying the 2008 Amendments and EEOC's implementing regulations Analysis of Supreme Court case providing a framework for andquot;cat's pawandquot; proof of disparate treatment Analysis of a Supreme Court case finding retaliation because of a fianceand´e's protected activity Analysis of a Supreme Court case allowing oral requests for FMLA leave Analysis of cases assessing whether the employer erroneously perceived an employee as unable to perform a andquot;range of jobsandquot; Discussion of a case denying safe harbor to a recovering drug abuser Analysis of case allowing an employer to assign an HIV-positive employee to train only those employees signing a waiver Discussion of a case finding that a return-to-work medical examination did not violate the ADA Analysis of the andquot;one-strikeandquot; rule imposed by an employers' association Discussion of a case finding that reductions in paratransit services did not violate ADA New cases rejecting challenges to arbitration

In this groundbreaking work, leading philosophers, legal theorists, bioethicists, and policy makers offer incisive looks into the philosophical and moral foundations of disability law and policy.

The Americans with Disabilities Act was heralded by its congressional sponsors as an emancipation proclamation for people with disabilities and as the most important civil rights legislation passed in a generation. This book offers an assessment of what has actually occurred since the ADA's enactment in 1990. In empirically based articles, contributors from the fields of law, health policy, government, and business reveal the unsoundness of charges from the right that the ADA will bankrupt industry, and assumptions on the left that the ADA will prove ineffective in helping people with disabilities enter and remain in the workforce.

The Americans With Disabilities Act (ADA) is grounded in the human rights perspective. Like other civil rights legislation, the ADA is aimed at an oppressed group, persons with disabilities, who have been denied equal opportunities to participate in the larger society. As Pardeck makes clear, the goal of ADA, ending discrimination against people with disabilities in all facets of American life, is aligned with the philosophies and traditions of the social work profession. Pardeck provides a detailed overview and analysis of the ADA that will help professional social workers as well as students entering the field realize the full significance of the new rights and protections extended to people with disabilities. He also provides specific case studies and examples to illustrate the range of opportunities afforded the disabled and their advocates.