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…

Reviews court cases related to discrimination against higher education students in 1999, focusing on gender, race, and disability discrimination. The wide variety of cases does illustrate the importance of standing, relief available, and the threshold the plaintiff must meet to survive the defendant's motion to dismiss or motion for summary…

This article discusses court cases and other sources on each of four major topics regarding federal disability discrimination laws and claims made by post-secondary students with learning disabilities: (a) Which students are entitled to the protection of the statutes, (b) What if any deference should be afforded academic institutions in their…

The conference report presents the text of an amendment to the Education of the Handicapped Act (EHA) to authorize the awarding of reasonable attorneys' fees as part of the costs to the parents or guardian of a handicapped child or youth who is the prevailing party in a settlement. The General Accounting Office is directed to conduct a study of…

Noting the Governor of Virginia's recent apology for his state's participation in eugenics, this article reviews the history of the sterilization of people with epilepsy and mental retardation in several states, and the importance of the Buck v. Bell (1927) Supreme Court decision in the promotion of eugenics. (Contains references.) (CR)

This commentary discusses the passage of the Americans with Disabilities Act (ADA) and the success the Equal Employment Opportunity Commission (EEOC) has had in enforcing the ADA for people with mental retardation. Cases the EEOC has won against discriminatory employers are described, and the need for ongoing efforts is emphasized. (CR)

This article describes federal and state laws that affect the opportunity of people with low vision to drive and to obtain driver's licenses. Discrimination against individuals with low vision is discussed in the context of equal protection and the Americans with Disabilities Act. A review of relevant case law and implications for drivers with low…

This paper examines the use of the Disability Discrimination Act (Commonwealth of Australia, 1992) by parents seeking access for their deaf children to native sign language in the classroom. It reviews a number of cases in which Australian parents have claimed indirect discrimination by educational authorities over their children's lack of access…

This pamphlet for people with disabilities provides basic information on the provisions of the Americans with Disabilities Act (ADA) that concern protection from discrimination in employment. Using simple language, the pamphlet provides the following information: what the ADA is, who the ADA is for, who the ADA is not for, how the ADA can help the…

Key issues surrounding a public broadcasting licensee's obligation to provide access to television programs to the hearing impaired are examined in the context of two recent court decisions. Background of the Rehabilitation Act of 1973 and the Federal Communications Commission's concern regarding the hearing impaired are considered. (MSE)

In British Columbia the state was found liable for discrimination by refusing to fund therapy treatment for autistic children under its medicare system. Although the judges expressly disavowed the education context from their consideration, there will likely be attempts to apply the ruling to special education situations since therapy can be…

Seventeen Supreme Court Judges, District Court Judges, and Magistrates in Western Australia were surveyed to examine perceptions concerning overrepresentation of individuals with intellectual disability in the criminal justice system. The judiciary felt these individuals had several characteristics that would disadvantage them in contacts with the…

Outlines important implications for consideration in developing employment policies prohibiting sexual harassment. The recent Supreme Court decision on a sexual harassment case shows that employers are not "insulated" from liability if courts find harassment in the workplace. Also discusses two other Supreme Court decisions. (MD)

This paper summarizes requirements of the Americans with Disabilities Act (ADA) and related regulations and judicial decisions as the law pertains to employment at public and private schools. It stresses that the ADA forbids employment discrimination on the basis of disability, and requires employers to make "reasonable accommodation"…

Analyzes existing legislation, regulations, and case law interpreting statutory mandates to provide a survey of the current status of employment rights for the handicapped. Suggests an administrative framework to alleviate weaknesses in existing governmental programs. Available from Marshall-Wythe School of Law of the College of William and Mary,…