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Using Established Medical Criteria to Define Disability: A Proposal to Amend the Americans with Disabilities ActMark A. RothsteinUniversity of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law Serge A. MartinezHofstra University - Maurice A. Deane School of Law W. Paul McKinneyaffiliation not provided to SSRN April 1, 2002 Washington University Law Quarterly, Vol. 80, No. 2, pp. 243-301, 2002 Abstract: The Americans With Disabilities Act of 1990 (ADA) prohibits discrimination in employment, public services, and public accommodations against individuals with disabilities. The threshold question, however, of who is an individual with a disability has proven to be more complicated, contentious, and confusing than any of the ADA's drafters ever could have imagined. The law does not prohibit all discrimination based on disability, and it does not prohibit discrimination against all individuals with disabilities. Instead, it prohibits disability-based discrimination against a subset of individuals with disabilities who have "a physical or mental impairment that substantially limits" the individual in one or more major life activities.javascript:void(0);
Number of Pages in PDF File: 59 Keywords: Americans with disabilities act, ADA, disabilities, discrimination, definition of disability, amendments, medical criteria JEL Classification: K31, K32 Accepted Paper SeriesDate posted: February 12, 2010 ; Last revised: November 22, 2012Suggested CitationContact Information
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