In General Mary
Crossley, Becoming Visible: The ADA's Impact on Health Care for Persons
with Disabilities, 52 ALA. L. REV.
51 (2000). [HTML]
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Summary:
Article discusses the impact of the Americans with Disabilities Act, which was
enacted in 1990, on health care for disabled people. Crossley concludes that
the ADA has “been neither forceful nor sweeping” as a means of increasing access
to the health care system.
Brian
Dockendorf, Recent Developments: Employment Discrimination Law,
26 WM. MITCHELL L.
REV. 1279 (2000).
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Summary:
Article examines Supreme Court cases in which it was considered whether mitigating
factors should be used to determine whether one is substantially limited in
a major life activity as required by the Americans with Disabilities Act. Dockendorf
also considers the relationship between the ADA and Social Security Disability
Benefits.
Pain-Related Michael A. Ashburn and Corey D. Fox, Chronic
Pain and the Americans with Disabilities Act, AM.
PAIN SOC'Y BULL.
May/June 1999. [HTML]
Summary:
Article discusses the ADA civil rights statute and notes that the ADA provides
minimal protections for people with chronic pain which is viewed as a non-qualifying,
temporary disorder. The ADA’s failure to mandate accommodations for people with
chronic pain is also mentioned.
Mary
Crossley, The Disability Kaleidoscope, 74 NOTRE
DAME L. REV. 621 (1999).
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Summary:
Article examines the breadth of the protected class under the Americans with
Disabilities Act and considers non-legal concepts of disability, such as the
medical model and the minority group model. In discussing the need for medical
verification of a disability, Crossley discusses physicians’ limited ability
to assess pain. The article questions at what point pain becomes so severe as
to substantially limit a major life activity.
C.D. Fox, Chronic Pain and the Americans with
Disabilities Act, 9(3) AM. PAIN
SOC'Y BULL. 1 (1999). [HTML]
Summary:
This article explores whether an individual suffering from chronic pain can
be considered a qualified individual with a disability as defined by the ADA.
The article also notes that courts have not yet considered many issues in the
pain management environment nor accepted the diagnosis of chronic pain syndrome.
Job Accommodation Network, A Service of the U.S. DOL
Office of Disability Employment Policy, Accommodating People with
Chronic Pain. [HTML]
Summary:
The Job Accommodation Network notes that chronic pain is one of the most costly
health conditions to employers. Article notes that accommodations for chronic
pain must be determined on a case-by-case bases, and a list of considerations
in determining accommodations is presented.
Summary:
Article discusses the impact of the Americans with Disabilities Act, which was
enacted in 1990, on health care for disabled people. Crossley concludes that
the ADA has “been neither forceful nor sweeping” as a means of increasing access
to the health care system.