By Mark C. Weber
Construction at the insights of either incapacity reports and civil rights students, Mark C. Weber frames his exam of incapacity harassment at the premise that disabled everyone is participants of a minority crew that needs to negotiate a man-made but usually destructive atmosphere of actual and attitudinal limitations. The booklet considers courts’ ways to the matter of incapacity harassment, fairly the applying of an analogy to race and intercourse harassment and the advance of felony treatments and coverage reforms below the american citizens with Disabilities Act (ADA). whereas litigation below the ADA has addressed discrimination in public lodgings, employment, and schooling, Weber issues out that the legislation has performed little to strive against incapacity harassment. He recommends that arguments according to unused provisions of the ADA may be built and new felony treatments complex to handle the matter. incapacity Harassment additionally attracts on case legislations to discover specific difficulties of harassment within the public colleges, and closes with an entice judges and lawmakers for multiplied felony safeguard opposed to harassment.
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Additional info for Disability Harassment (Critical America Series)
Sample text
34 Like Eichhorn’s ideas, an approach based on this standard would individualize the inquiry and yield liability in a somewhat greater number of cases than is the case under existing standards. Eichhorn’s ideas and these additional questions about the application of title VII standards to disability harassment gain salience from the fact that so many hostile-environment actions brought by persons with disabilities fail. Most often, courts do not consider the mistreatment to which the plaintiffs were subjected to be sufficiently severe or pervasive to satisfy the standards of title VII, and hence of the ADA.
12 As noted there, Fox was an automobile assembly plant worker who sustained a series of back injuries and returned from disability leave with a medical restriction to light-duty work. Although his immediate supervisor tried to adapt Fox’s job duties to meet his medical restrictions, a different supervisor and the foreman blocked these efforts at accommodation and humiliated Fox when he refused to violate his physical restrictions. They placed him at a special work table that was too low for him and exacerbated his back injury.
29 He began by discussing eugenics and the ideology of segregation: [T]he mentally retarded have been subject to a “lengthy and tragic history” of segregation and discrimination that can only be called grotesque. During much of the 19th century, mental retardation was viewed as neither curable nor dangerous and the retarded were largely 18 | Harassment, Exclusion, and Equality left to their own devices. By the latter part of the century and during the first decades of the new one, however, social views of the retarded underwent a radical transformation.