People With Intellectual Disabilities and Employment Discrimination Law: A US Case Study
(2019) 35 International Journal of Comparative Labour Law and Industrial Relations.
21 Pages Posted: 17 May 2019
Date Written: April 17, 2019
This article explores how anti-discrimination law has been applied in relation to employment discrimination faced by people with intellectual disabilities. Although disability discrimination laws are now found in many states, there has been relatively little litigation by those with intellectual disabilities as regards employment discrimination. This article examines experience in the USA in order to identify the potential of anti-discrimination law, as well as its limitations in practice. It considers litigation brought by individual plaintiffs, as well as enforcement actions by public bodies. This concerns employment in the open labour market, but also sheltered employment schemes. The article concludes by reflecting on what lessons may be derived from US experience.
Keywords: Intellectual disability, discrimination, USA, sheltered employment, reasonable accommodation
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