Academic

Cox on the ADA Amendments Act of 2008

By Lawrence Solum

Jeannette Cox (University of Dayton School of Law) has posted Crossroads and Signposts: The ADA Amendments Act of 2008 (Indiana Law Journal, Forthcoming) on SSRN. Here is the abstract:

Although the apparent purpose of the January 1, 2009 amendments to the Americans with Disabilities Act 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 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 relating to 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 which the recent amendments will unintentionally shape.

Full post as published by Legal Theory Blog on March 25, 2009 (boomark / email).