| |
| |
| 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 | |