Everyday Law for Individuals with Disabilities

ISBN-10: 1594511454
ISBN-13: 9781594511455
Edition: 2006
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Description: If you are an individual with a disability and believe you have been discriminated against, it is often hard to find a lawyer to help remedy your situation. Accordingly, 'self-help' may often be your most, or your only, viable strategy. But how to  More...

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Book details

Copyright year: 2006
Publisher: Routledge
Publication date: 12/15/2005
Binding: Paperback
Pages: 296
Size: 6.00" wide x 9.00" long x 0.80" tall
Weight: 1.100
Language: English

If you are an individual with a disability and believe you have been discriminated against, it is often hard to find a lawyer to help remedy your situation. Accordingly, 'self-help' may often be your most, or your only, viable strategy. But how to proceed? This book serves as a badly needed practical guide to disability discrimination law. Covering a wide range of issues faced by individuals with different kinds of disabilities, it not only describes those individuals' legal rights but also suggests solutions to disability discrimination issues that are more practical and less expensive than filing a lawsuit. Written by two disability law experts, Ruth Colker, whose son is developmentally disabled, and Adam Milani, who is paralyzed from the chest down, this book is informed by their scholarly expertise but is also based on their collective practical experience from years of navigating issues of disability discrimination. Everyday Law for Individuals with Disabilities is the first in a series of practical guides to the law, organized by series editors Richard Delgado and Jean Stephancic, packed with useful overviews and advice for the people who need it most and can least afford it. For more information visit http://ruthcolker.com.

Ruth Colker is Distinguished University Professor and the Heck-Faust Memorial Chair in Constitutional Law at the Michael E. Moritz College of Law, Ohio State University. She is the author of Hybrid, The Disability Pendulum, and American Law in the Age of Hypercapitalism , all available from NYU Press.

The late Adam Milani was Associate Professor of Law at Mercer University. They are coauthors (with Bonnie Poitras Tucker) of The Law of Disability Discrimination (4th ed., Anderson Publishing 2003). Milani is the coauthor (with Bonnie Poitras Tucker) of Federal Disability Law in a Nutshell (3rd ed., West 2004).

Preface
Acknowledgments
List of Acronyms
Introduction
Focus on Federal Disability Discrimination Laws
History and Overview of Federal Disability Discrimination Laws
Goals and Outline of This Book
Notes
The Law of Employment Discrimination
Relevant Statutes
Who Is Covered
General Types of Discriminatory Practices
Request for Reasonable Accommodation
Defenses
Interaction Between ADA Title I and Social Security Disability Insurance
Remedies
Conclusion
Notes
The Law of Special Education: Preschool-12
Relevant Statutes
Definition of Disability
Testing
Free and Appropriate Public Education
Related Services
The Individualized Family Service Plan and Individualized Education Program
Least Restrictive Environment
Discipline Issues
Private Schooling
Complaint Process
Conclusion
Notes
Postsecondary Education
Transition from High School to Postsecondary Education
Laws Governing Disability Discrimination in Postsecondary Education
Reasonable Accommodations
Interactive Process
Safety
Academic Deference
Nonacademic Programs and Services
Notice and Documentation of Disability
Retaliation
Hostile Learning Environment
Individuals with Learning Disabilities
Enforcement
Conclusion
Access and Accommodation
Qualified Individual with a Disability
ADA Title II: Access to State and Local Government Services
ADA Title III: Access to Private Entities
Accessibility of Buildings and Facilities
Accessibility of New Construction and Alterations to Existing Facilities
Removal of Barriers from Existing Facilities
Landlords and Tenants
Auxiliary Aids and Services
Enforcement and Remedies Against State and Local Governments
Enforcement and Remedies Against Private Entities
Electronic and Information Technology Used by Federal Agencies
Conclusion
Transportation
Ground Transportation Provided by Public Entities
Transportation Provided by Private Entities
Accessibility Requirements for Vehicles Operated by Public and Private Entities
Administrative Enforcement Actions by the Federal Transit Administration
Lawsuits by Private Individuals
Airline Transportation
Conclusion
Housing
Discrimination in the Rental or Sale of Housing
Reasonable Accommodations
Service Animals
Direct Threat Defense
Discrimination in Residential Real Estate-Related Transactions
Discrimination in Provision of Brokerage Services
Interference or Coercion
Zoning
FHA: Enforcement and Remedies
Section 504
Conclusion
Voting
The 2004 Election
Voter Disenfranchisement
Accessibility Problems
Early Statutory Protections
Voting Accessibility for the Elderly and Handicapped Act
Americans with Disabilities Act
Help America Vote Act
Enforcement Problems
Judicial Intervention
Nonjudicial Options
Voting Resources
Conclusion
Notes
Conclusion
National and State Resources
Index
About the Authors

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