People with intellectual disabilities (IDs) have experienced involuntary and inhumane research practices. Consequently, researchers have shifted towards "excluding" those with IDs; caregivers, teachers, or peers compose study samples, dominating a space they "indirectly" experience. Researcher bias regarding intellectual…

Approximately 19 percent of undergraduate students in the United States identify as having a disability, yet postsecondary institutions often lack the legal infrastructure necessary to support their academic success. National data show that only 49.6 percent of disabled students graduate from four-year institutions, compared to 68.1 percent of…

Author explores ramifications of two 1978 United States Supreme Court decisions, "Manhart" and "Bakke," within America's historical drive for equality and within the limitations imposed by today's economic realities. Available from Executive Enterprise Publications Co., Inc., 10 Columbus Circle, New York, New York 10019; $48.00 annually.…

This article describes federal and state laws that affect the opportunity of people with low vision to drive and to obtain driver's licenses. Discrimination against individuals with low vision is discussed in the context of equal protection and the Americans with Disabilities Act. A review of relevant case law and implications for drivers with low…

This brief paper uses a question-and-answer format to summarize requirements of the Americans with Disabilities Act (ADA) of 1990 related to employment of people with learning disabilities (LD) and attention deficit hyperactivity disorder (ADHD). Questions address the following topics: (1) what is meant by LD and ADHD; (2) eligibility requirements…

This hearing transcript presents testimony, a prepared statement, and supplemental materials provided by Evan J. Kemp, Jr., Chairman of the Equal Employment Opportunities Commission (EEOC), specifically related to implementation of the Americans with Disabilities Act (ADA). The hearing deals with EEOC enforcement strategies for implementing Title…

This brief paper summarizes requirements of the Americans with Disabilities Act (ADA) of 1990 related to workplace accommodations for persons with musculo-skeletal disorders. The following topics are addressed: (1) the relevance of the ADA to people with musculo-skeletal disorders; (2) employment provisions of the ADA to protect individuals with…

The Assistant Attorney General of the Civil Rights Division, United States Department of Justice, comments on the state of disability policy in the United States as reflected in current laws and regulations. Interagency efforts within government are seeking to identify gaps in coverage, as well as duplications and overlap, in existing federal…

The Americans with Disabilities Act, signed into law July 26, 1990, has been heralded across the nation as a triumph for the 43 million Americans with disabilities. This document provides a guide to Title 1 of this Act, which forbids employers with 15 or more employees from discriminating against a qualified individual with a disability in job…

This brief paper summarizes requirements of the Americans with Disabilities Act (ADA) of 1990 related to reasonable accommodation. The following topics are addressed: what is meant by reasonable accommodation and some examples; some ways of determining essential job functions and possible accommodations (such as job descriptions, permissible and…

One of a series of bulletins on implementing the Americans with Disabilities Act (ADA), this bulletin discusses protections for individuals with histories of alcohol and drug abuse. The material explains: (1) the ADA prohibits employment discrimination of individuals with past drug and alcohol problems and those who currently have alcohol problems…

This brief paper summarizes requirements of the Americans with Disabilities Act (ADA) of 1990 related to employing and accommodating workers with psychiatric disabilities. The following topics are addressed: (1) what is meant by a psychiatric disability under the ADA, its severity, and its effect on the employment of the individual; (2) popular…

Employment rights of the handicapped are examined in this collection of symposium papers. Addressed are: procedural aspects of plaintiff litigation, job relatedness and bona fide occupational qualification doctrines, plaintiff's private right of action, arbitration, insurance, state fair employment legislation, and federal and constitutional…

An overview is presented of litigation in which courts have interpreted educational employees' rights to nondiscriminatory treatment and employers' obligations to ensure equal employment opportunities. Because of the range, volume, and complexity of the litigation in this area, the intent is to identify applicable legal principles rather than to…

This paper provides a basic overview of the employment provisions of the Americans with Disabilities Act of 1990 (ADA), which mandates equal access, protection, and opportunity for persons with disabilities in four major areas: employment, telecommunication, transportation, and public services and accommodations. It notes that the employment…