Regulation and Disability Rights

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Leading scholars discuss disability regulation’s accomplishments along with lingering needs.

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For more than 30 years, the Americans with Disabilities Act (ADA) has played a critical role in the furtherance of civil rights for people with disabilities. It has prohibited discrimination against individuals with disabilities in various areas of everyday life, including public and private accommodations, the workplace, and institutions of higher education.

Since the passage of the ADA, however, disability justice advocates have continued to face challenges. People with disabilities often experience difficulties finding employment, securing ADA-accessible public housing, and navigating a complex administrative and bureaucratic system when accessing benefits. In addition, the COVID-19 global pandemic has brought to light many new, unexpected disability rights issues, such as the classification of long COVID as a disability, masking policies, and vaccine mandates and accessibility.

We hope that this series of essays, which first appear in commemoration of disability awareness month, increases awareness and consideration of the various legal, regulatory, and public policy benefits and challenges of the ADA, as well as ongoing issues affecting people with disabilities.

This series includes contributions from: Jasmine Harris, University of Pennsylvania Law School; Nicole Buonocore Porter, The University of Toledo School of Law; Robyn Powell, Stetson University College of Law; Karen Tani, University of Pennsylvania Law School; Mark C. Weber, DePaul College of Law; and Britney Wilson, New York Law School.


Debunking Disability Enforcement Myths

October 25, 2021 | Jasmine Harris and Karen Tani, University of Pennsylvania Law School

Misunderstandings from the public surrounding disability related lawsuits undermines justice for people with disabilities.


Justice for Parents with Disabilities and Their Children

October 26, 2021 | Robyn Powell, Stetson University College of Law

Families with disabled parents are disproportionately harmed by the child welfare system.


Special Treatment Stigma in Higher Education

October 27, 2021 | Nicole Buonocore Porter, The University of Toledo School of Law

The ADA does little to address the stigma that university students with disabilities encounter.


Taking Discrimination Out of the Public Charge Rule

October 28, 2021 | Mark C. Weber, DePaul College of Law

The public charge rule should be redrafted to remove disability discrimination.


Crisis Standards of Care May Discriminate Against Patients With Disabilities

November 1, 2021 | Britney Wilson, New York Law School

COVID-19 has triggered discussions around crisis standards of care in medicine that often discriminate against people with disabilities.