Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law Disability Discrimination: Forty Years

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Disability Discrimination: Disability Discrimination: Forty Years after Forty Years after

Section 504Section 504Impact on Higher EducationImpact on Higher Education

2013

© Laura Rothstein

Professor of Law and Distinguished University Scholar | University of Louisville Louis D. Brandeis School of Law


1973: Sports Highlights1973: Sports Highlights






1973: Movies1973: Movies


1973: Movies1973: Movies

Eileen Heckart — best supporting actress for Butterflies are Free


1973: TV Programs1973: TV Programs





Masterpiece Theatre


1973: Popular Culture1973: Popular Culture


1973: Popular Culture1973: Popular Culture


1973: International Events1973: International Events

Vietnam War winding down


1973: International Events1973: International Events

Yom Kippur War in Israel


1973: U.S. Political Events1973: U.S. Political Events


1973: U.S. Political Events1973: U.S. Political Events

Watergate Hearings


1973: Major Legal Developments1973: Major Legal Developments

Roe v. Wade


1973: Major Legal Developments1973: Major Legal Developments

San Antonio v. Rodriguez


1973: Major Personal Event1973: Major Personal Event


1973: Section 504 of the 1973: Section 504 of the Rehabilitation Act PassesRehabilitation Act Passes

“No otherwise qualified individual with a disability…

shall, solely by reason of her or his disability, be excluded

from the participation in, be denied the benefits of, or be

subjected to discrimination under any program or

activity receiving

Federal

financial

assistance…”Note: Original statute used “handicap” instead of “disability”


Americans with Disabilities ActAmericans with Disabilities Act

• 1990: Expands coverage more broadly

• 1999: Supreme Court narrows definition of disability

• 2008: Congress returns to broad definition

Photo : George Bush Presidential Library and Museum


Definition of DisabilityDefinition of Disability

• Three part test

– Substantial limitation to one or more major life activities

– Record of such an impairment

or– Regarded as having such an impairment

Dan must be crazy!


Key Principles of ADA Key Principles of ADA & Section 504& Section 504

• Must have disability

• Must be otherwise qualified(Not pose a direct threat)

• Appropriate documentation

• Prohibits discrimination and requires reasonable accommodation


Otherwise QualifiedOtherwise Qualified

Southeastern Community College v. Davis


Architectural BarriersArchitectural Barriers


Accommodations in Accommodations in Higher EducationHigher Education


Learning and Related DisabilitiesLearning and Related Disabilities

• Extra time for tests

• Reduced course load

• Transition to professional and graduate education


Testing Testing


Documentation of Disability and Documentation of Disability and Relationship to AccommodationsRelationship to Accommodations


TechnologyTechnology

• iPad, KindleTM and other digital readers

• Websites

• Use of digital content

• Distance learning

• Electronic communications


Mental Health IssuesMental Health Issues

• Danger to self?

Dangerous DanDepressed Diana Disruptive Doug


Assistance and Assistance and Emotional Support AnimalsEmotional Support Animals


MillennialsMillennials

• Who are they?

• What are their behaviors?

• How should we respond?


Returning VeteransReturning Veterans

• PTSD (Post-traumatic Stress Disorder)

• TBI (Traumatic Brain Injury)

• Other injuries

• Documentation issues

• Assistance animals


Sports and AthleticsSports and Athletics

• Title IX for students with disabilities?


Food Service IssuesFood Service Issues

• Food sensitivities and allergies


Shrinking ResourcesShrinking Resources


Final ThoughtsFinal Thoughts

“Knowledge is essential to understanding, and understanding should precede judging.”

Documents

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law Disability Discrimination: Forty Years