Document Type
Article
Publication Date
Winter 2010
Publication Source
Indiana Law Journal
Abstract
Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.
Federal courts' understanding of the ADA 's relationship to traditional civil rights law will shape courts' resolution of unresolved questions about the ADA 's scope. Because the ADA, as amended, will now enable more plaintiffs to proceed past the preliminary question of membership in the ADA 's protected class, federal courts will soon be forced to confront broad questions about the ADA 's application. Resolution of these questions will largely turn on courts' understanding of the conceptual relationship between the ADA and traditional civil rights statutes, an underlying question that the recent amendments will unintentionally shape.
Inclusive pages
187-224
ISBN/ISSN
0019-6665
Document Version
Published Version
Copyright
Copyright © 2010, Indiana Law Journal
Publisher
Indiana University Maurer School of Law
Volume
85
Issue
1
Place of Publication
Bloomington, IN
eCommons Citation
Cox, Jeannette, "Crossroads and Signposts: The ADA Amendments Act of 2008" (2010). School of Law Faculty Publications. 62.
https://ecommons.udayton.edu/law_fac_pub/62
Comments
This document has been made available for download by permission of the publisher. Subscription information.
Permission documentation is on file.