A Nested Model of Disability Discrimination
9 Pages Posted: 10 Oct 2000
The courts have been confused and inconsistent in applying the ADA's reasonable accommodation model of discrimination. This paper argues that a major cause of the judicial confusion has been over-reliance on the models of discrimination developed under Title VII. The paper points out several problems with judicial attempts to adapt Title VII's comparativistic models of discrimination to disability discrimination, which demands a more individualistic analysis. In making this point, the paper outlines the features of a more complete model of disability discrimination. The central feature of the model is the reasonable accommodation analysis itself, but that feature must be nested within a broader model which, at the front end, articulates when the accommodation duty is triggered and, at the back end, articulates what consequences should flow from a violation of the duty.
Suggested Citation: Suggested Citation