Abstract

http://ssrn.com/abstract=1551351
 
 

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Using Established Medical Criteria to Define Disability: A Proposal to Amend the Americans with Disabilities Act


Mark A. Rothstein


University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Serge A. Martinez


Hofstra University - Maurice A. Deane School of Law

W. Paul McKinney


affiliation 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

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Date posted: February 12, 2010 ; Last revised: November 22, 2012

Suggested Citation

Rothstein, Mark A. and Martinez, Serge A. and McKinney, W. Paul, Using Established Medical Criteria to Define Disability: A Proposal to Amend the Americans with Disabilities Act (April 1, 2002). Washington University Law Quarterly, Vol. 80, No. 2, pp. 243-301, 2002. Available at SSRN: http://ssrn.com/abstract=1551351

Contact Information

Mark A. Rothstein (Contact Author)
University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )
Louisville, KY 40202
United States
HOME PAGE: http://www.louisville.edu/bioethics
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
Serge A. Martinez
Hofstra University - Maurice A. Deane School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States
W. Paul McKinney
affiliation not provided to SSRN ( email )
Feedback to SSRN


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