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

59 Pages Posted: 12 Feb 2010 Last revised: 12 Jan 2016

See all articles by Mark A. Rothstein

Mark A. Rothstein

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

Serge Martinez

University of Louisville

William McKinney

University of Louisville - School of Medicine

Date Written: April 1, 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);

Keywords: Americans with disabilities act, ADA, disabilities, discrimination, definition of disability, amendments, medical criteria

JEL Classification: K31, K32

Suggested Citation

Rothstein, Mark A. and Martinez, Serge and McKinney, William, 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: https://ssrn.com/abstract=1551351

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 Martinez

University of Louisville ( email )

Louisville, KY 40292
United States

William McKinney

University of Louisville - School of Medicine ( email )

550 South Jackson Street
Louisville, KY 40202
United States

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