Non-consensual sterilization is one of the characteristic historical abuses that took place mainly in the first half of the 20th century. People with intellectual disability (ID) were a prime target as part of the ideology of negative eugenics. In certain jurisdictions, laws were in force for several decades that permitted sterilization without…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

The author argues that Terri Schiavo was a "person with a disability" who faced disability discrimination, a view that is consistent with national disability rights groups. The author notes that Schiavo was not "terminally ill" and that feeding tubes should not be considered "medical equipment." The belief that people with severe disabilities want…

Rights for people with mental handicaps include claim rights and moral rights, which are associated with routine discrimination and fundamental discrimination, respectively. In Britain, people with mental handicaps are routinely denied both types of rights. Greater protection would be offered through a "Code of Practice" and consistent…

This article delineates legal protections prohibiting employment discrimination of individuals with learning disabilities. The Rehabilitation Act of 1973 (Title V) and Americans with Disabilities Act (Title I) are described, fundamental concepts are discussed, and strategies are presented for ensuring that these laws are relied upon appropriately…

Highlights new legal theories and precedents applicable to employment practices used in the library setting. Illustrative case law and law review commentaries are provided for civil rights, discrimination on the basis of a handicap, wrongful discharge, privacy, age discrimination, equal pay, immigration control, retirement benefits, and…

The right of educators to classify students is not being challenged in the courts, but the procedures used and the basis for classifications are being questioned and in some cases subjected to strict judicial scrutiny under the equal protection clause. (MB)

Section 504 of the Rehabilitation Act and the amendments of 1974 seek to end discrimination against the handicapped by denying federal aid to any activity that excludes them. An overview of the regulations implementing the Act is presented, their ramifications are discussed, and cases decided under the Act are examined. (JMD)

The monograph addresses legal issues involving discrimination against handicapped persons and the key legal requirement of reasonable accommodation. Four chapters in Part I examine background issues, including definitions and statistical overviews of handicaps; historical attitudes toward handicapped persons and an analysis of the extent of…

This paper examines the status of U.S. disability-related equal opportunity laws and identifies gaps in coverage, shortcomings and inconsistencies in interpretation and application, and deficiencies in enforcement. Problems with the scope of coverage result from: (1) laws that are not enforceable in federal courts against states, not co-extensive…

The effectiveness and deficiencies of judicial intervention in solving the problems of discrimination in the nation's schools are examined in this book. Case studies, surveys, and interviews with lawyers and judges involved in the leading cases are presented in nine chapters by nine contributors, each of whom is a recognized authority in…

In June 1979 the United States Supreme Court issued a civil rights opinion about handicap discrimination. A summary of the ruling is provided along with an effort to distinguish between those questions addressed and resolved by the Court and those discussed but not disposed of. (Author/MLW)

Mentally retarded individuals are often stigmatized and segregated, though constitutional guarantees in many countries promise them equality. Use of the U.S. court system to secure these guarantees, resulting in deinstitutionalization, individualization of services, and increased employment opportunities, is analyzed and contrasted with the…

Provides a broad survey of employment discrimination lawsuits brought against libraries under various federal and state statutes. Practical pointers for librarians are drawn from these cases for their use in hiring, firing, and disciplining employees. (EM)

Presents a historical overview of state and federal legislation concerning special education, describes how court litigation has defined the constitutional rights of the disabled to access education, and outlines the provisions of the Individuals with Disabilities Education Act (IDEA). The procedural safeguards of the IDEA also are outlined,…