Law Library Articles
Top 10 Disability Law Articles
In the summer of 2013, the Social Security Administration released data that nearly 11 million Americans were receiving disability benefits. This piece of information might be greeted in a number of ways.
Thousands of Americans who are considered disabled might give a silent prayer of thanks, since their disability has been partly alleviated. Employers and business owners might shudder in fear as they reminisce about the lawyer who sued companies for disability discrimination because the companies did not have wheelchair ramps – even if the business owners themselves used wheelchairs.
In recognition of disability discrimination law’s impact on so many lives, LegalMatch presents its Top 10 List of Disability Articles:
Disability discrimination is one of the few topics which enjoys bipartisan support on Capitol Hill. One of the reasons for this might be that the legal definition of "disabled" is extremely broad. People who are injured at work are considered disabled, as are individuals who are born without the ability to see to see or hear. Read this article to find out whether you might be counted as "disabled."
Quasimodo is an interesting portray of disability issues. Forced to live in a bell tower his whole life, the Hunchback of Norte Dame was treated so poorly that he interpreted a single act of compassion as love. Perhaps if Quasimodo had proper legal representation, he might have found a real home. Reading this article can save you from spending your whole life in a bell tower.
Can you tell who has a disability? Sometimes it is easy. The person with the walking cane is easy to spot. Other times, it is not so simple. The veteran with bipolar disorder is often indistinguishable from everyone else. This article explains how the American Disabilities Act treats mental disabilities. Don’t worry: just because it’s all in your head doesn’t mean it’s not real.
Disability discrimination occupies an interesting place in American law. Constitutionally, courts use a rational basis test to analyze laws which discriminate based on disability: the same test courts use to analyze laws which discriminate against clowns and lawyers. On the other hand, disabled Americans are one of the only minorities which have a right to an accommodation. This article explains how disability accommodations work.
The word "reasonable" is actually quite unreasonable in the law. It’s so broad that any lawyer, judge or legal columnist can make "reasonable" mean anything they want it to mean. I promise that this article is quite reasonable in how it explains the flimsy legal arguments used to determine whether an accommodation is reasonable or not.
"Fool me once shame on me, fool me…you can’t get fooled again." That sums up federal attempts to nationalize education. George W. Bush’s early flagship law has many flaws, but one of the most noticeable flaws is the fact it treats disabled children as statistics rather than as individuals. It could be worse though. At least Bush is not teaching disabled children how to memorize important pieces of information. Hopefully, you will retain the information in these articles more easily.
Of the 10,978,040 Americans who receive disability benefits, 8,877,92 of them are injured workers. Given the massive debt America is facing, workers might have a patriotic duty to ask their employers for a reasonable accommodation if they become injured…
For the record, the number of fraudulent disability claims is actually not as high as many people believe. That does not mean that employers have no legal rights in disability discrimination cases though. This article reviews the potential defenses that employers might have against a discrimination suit.
"Really I feel fine." If there is anything worse than feeling like damaged goods, it is being seen as damaged goods – even when you’re not. Luckily, the law provides a shield against this.
Since I opened with a statistic, it seems only fair to close with one. In 2013, about 25.8 million Americans were estimated to have diabetes. This article provides a number of legal options if you are concerned about how the community will treat you if you are diagnosed with diabetes.