Disability Rights

“It is the purpose of this chapter to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”

~ Americans with Disabilities Act (1990)

Pregnant Workers and Reproductive Justice

5/21/19  //  In-Depth Analysis

Despite legal efforts to eliminate it, pregnancy discrimination remains rampant. Responses based in liberty, temporary disability, and sex equality arguments have met limited success in courts.

Jessica Clarke

Vanderbilt Law School

Versus Trump: Trump Versus Facebook

8/23/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about an unusual and surprising case where the Trump Administration has filed a brief in support of fair housing advocates who have sued Facebook for its part in enabling discriminatory advertising. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Russia Check-In

3/1/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Are Medicaid Work Requirements Legal?

2/15/18  //  Commentary

On a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

The Justice Department rescinds several guidance documents clarifying the implications of the Americans with Disabilities Act, leading to worry amongst disability rights advocates. After a yearlong investigation, the Department of Education orders Texas to correct violations in services to disabled students.

DOJ Will No Longer Assist Covered Entities in Understanding the Law

11/21/17  //  Latest Developments

The new approach does not mean the DOJ will no longer make policy. It just means the Department will no longer tell covered entities and protected individuals what those policies are.

Eve Hill

Brown Goldstein & Levy

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

Proposed changes to the ADA may make the statute extremely difficult to enforce.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

DOJ continues to support the position that websites are covered by Title III of the American Disabilities Act.

Vending Machines and Websites - A False Equivalency

8/18/17  //  Commentary

A DOJ ADA brief on Coca Cola vending machines is being touted as a change in position on websites. Except it's not.

Eve Hill

Brown Goldstein & Levy

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

The Legal Defense Fund filed a FOIA request seeking information on the Department of Education's policing of race- and disability-based discipline disparities in school.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

Disability advocates turn their attention to fighting the American Healthcare Act.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Disability advocates rallied across the country to protest the Administration's proposed budget cuts to Medicaid.

"School Choice" May Leave Students with Disabilities No Choice

4/17/17  //  Commentary

Privatization and decentralization of public education will return the U.S. to the days when students with disabilities were out-of-sight and out-of-mind, without meaningful education. Public schools could become the new institutions.

Eve Hill

Brown Goldstein & Levy

Criminal Justice Reform and Disability – The Overlooked Opportunity

4/12/17  //  Commentary

Criminal justice agencies have become part of our communities' mental health services systems. They need to abide by the disability rights laws that govern mental health services

Eve Hill

Brown Goldstein & Levy

Schools Failing Students with Disabilities - Still

5/11/17  //  Commentary

Higher graduation rates nationwide have left students with disabilities even further behind.

Disability Advocates Challenge Medicaid Cuts

7/14/17  //  Commentary

Hundreds of people in wheelchairs, with walkers, and using ventilators protested in Senators’ offices and RNC offices across the country. Many traveled far from their homes, suffered blazing temperatures, and were denied access to bathrooms and elevators, to make their voices heard. And Senators and RNC staff refused to meet them, had them forcibly ejected, and called police to arrest them.

Eve Hill

Brown Goldstein & Levy

ADA Education and Reform Act

4/18/17  //  Quick Reactions

The ADA Education and Reform Act would undermine ADA compliance and make people with disabilities the involuntary unpaid consultants of the businesses that discriminate against them

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week on Take Care, Eve Hill explained that criminal justice reform cannot succeed without accounting for disability rights.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump’s proclamation marking World Autism Awareness Day angered autism activists by aspiring to “cure autism."

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

The Department of Education revived an online resource this week to provide information on the Individuals with Disabilities Education Act, months after the old version crashed. Advocates had sharply criticized the administration for the site’s lengthy absence.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

The American Health Care Act is particularly harmful for people with disabilities.

The Story Thus Far: Disability Rights

3/16/17  //  Daily Update

The Trump Administration's education and healthcare policies may undermine disability rights in key respects. Here are some useful analyses of the story thus far.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

Eve Hill, on Take Care, argued that the Administration's focus on privatizing public education threatens the rights of students with disabilities and the ADA Education Reform Act will thwart compliance with the ADA.