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

See all articles by Mark Bell

Mark Bell

Trinity College Dublin; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: April 17, 2019

Abstract

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

Suggested Citation

Bell, Mark, People With Intellectual Disabilities and Employment Discrimination Law: A US Case Study (April 17, 2019). (2019) 35 International Journal of Comparative Labour Law and Industrial Relations. , Available at SSRN: https://ssrn.com/abstract=3373805

Mark Bell (Contact Author)

Trinity College Dublin ( email )

School of Law
College Green
Dublin, 2
Ireland

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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