A Nested Model of Disability Discrimination

9 Pages Posted: 10 Oct 2000

See all articles by Steven L. Willborn

Steven L. Willborn

University of Nebraska at Lincoln - College of Law

Abstract

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

Willborn, Steven L., A Nested Model of Disability Discrimination. Legal Essays, 1999. Available at SSRN: https://ssrn.com/abstract=205039 or http://dx.doi.org/10.2139/ssrn.205039

Steven L. Willborn (Contact Author)

University of Nebraska at Lincoln - College of Law ( email )

103 McCollum Hall
P.O. Box 830902
Lincoln, NE 68583-0902
United States
402-472-1256 (Phone)

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