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         Mental & Physical Disabilities Law:     more books (21)
  1. The Americans With Disabilities Act Manual State & Local Government Services, Employment, and Public Accommodations: State and Local Government Services, Employment, and Public Accommodations by John Parry, 1992-06
  2. Mental and Physical Disability Law Reporter: Ten Year Index by Aba Commission, 1987-06
  3. Mental & Physical Disability Law Reporter (Volume 32 Number 6)
  4. Mental Disability Law: A Primer by Deborah Zuckerman, Marc Charmatz, et all 1992-06
  5. Handbook on Disability Discrimination Law (Handbook Series on Mental and Physical Disability Law) by John Parry, 2003-08
  6. Disability Law and Policy: A Collective Vision
  7. Recent case law on handicap discrimination in employment (Mental and physical disability law reporter) by Sy DuBow, 1988
  8. Right to counsel in civil commitment proceedings (Mental and physical disability law reporter) by Susan Stefan, 1985
  9. Developing issues in the classification of mental and physical disabilities.: An article from: Journal of Disability Policy Studies by Bruce H. Gross, Harlan Hahn, 2004-12-22
  10. Americans with Disabilities Act: one in ten Utahns has a physical or mental disability. (outline of Utah's Americans with Disability Act regulations): An article from: Utah Business by Cheryl Smith, 1991-11-01
  11. Beyond the physical: Accommodating employees' mental disabilities under the ADA by Thomas D'Agostino, 2000
  12. Family Centred Assessment and Intervention in Pediatric Rehabilitation by Mary Law, 1998-08-19
  13. IA: caveat in authorizing commitment of patients: patient's physical handicap alone is insufficient.(Medical Malpractice Cases): An article from: Medical Law's Regan Report by A. David Tammelleo, 2004-02-01
  14. Recreation and Public Law 94-142: A guide for recreation and leisure education for handicapped children by Phyllis Coyne, 1980

61. Welfare For Handicapped Persons And "Normalization"
a system of support and mutual help for people with mental and physical disabilities. Allowancesare rated according to the extent of the disabilities.
http://www.jinjapan.org/access/welfare/normal.html
Introduction Welfare for Older People and the New Gold Plan Children's Welfare and the "Angel Plan" Welfare for Handicapped Persons and "Normalization" Welfare for People with Economic Difficulties Welfare for Handicapped Persons and "Normalization" Social Welfare Facilities (Public and Private), 1997 Short-term emergency residential facilities Welfare facilities for the elderly Rehabilitation facilities for physically handicapped persons Special emergency residential facilities for women Welfare facilities for children Non-residential facilities for intellectually handicapped persons Welfare facilities for fatherless families Facilities for the social rehabilitation of mentally disturbed persons Other social welfare facilities Source: Ministry of Health and Welfare, Shakai Fukushi Shisetsu Chosa According to statistics based on a 1996 Ministry of Health and Welfare study, in Japan there are approximately 3.18 million physically handicapped persons, 413,000 persons classified as "intellectually handicapped," and 2.17 million classified as "mentally handicapped," making a total of about 5.76 million handicapped persons. Public welfare measures for these handicapped persons are carried out on the basis of the Law for the Welfare of Physically Disabled Persons (Shintai Shogaisha Fukushi Ho), enacted in 1949 and revised in 1997; the Law for the Welfare of Mentally Handicapped Persons (Chiteki Shogaisha Fukushi Ho), enacted in 1960 and revised in 1988; and the Law concerning Basic Policies for the Handicapped (Shogaisha Kihon Ho), enacted in 1970 and revised in 1988.

62. MnSCU - Board Policy 1B.4 Access For Individuals With Disabilities
as constituting such a limitation; b. Has a physical or mental impairment that andactivities to qualified individuals with known disabilities as required
http://www.mnscu.edu/Policies/1B4.html
Prospective Student Visit a Campus MnSCU System Newsroom ... Board policies
Board Policies
Chapter 1 - System Organization and Administration
Section B - Equal Education and Employment Opportunity
1B.4 Access for Individuals with Disabilities
Part 1. Definitions Subpart A. An individual with a disability:
  • Any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities.
  • Any person who has a record of such impairment which means that a person has a history of or has been classified as having a mental or physical impairment that substantially limits one or more major life activities.
  • Any person who is regarded as having such an impairment which means:
    a. Has a physical or mental impairment that may not substantially limit major life activities but that is treated by others as constituting such a limitation;
    b. Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment;
  • 63. JAN's Consultants' Corner
    a floor of protection to employees with disabilities throughout the US of specifiedpersonal characteristics, including a mental or physical disability or
    http://janweb.icdi.wvu.edu/corner/vol01iss08.htm
    Welcome to the Consultants' Corner. This link is brought to you by the Job Accommodation Network , a service of the U.S. DOL's Office of Disability Employment Policy. Consultants' Corner is your resource for helpful hints, techie tips, and innovative ideas regarding job accommodations and the Americans with Disabilities Act. Please register for update notifications. Visit the archive for old issues.
    JAN consultants offer this site to share information regarding accommodations and legislation. We welcome other ideas as well as comments on our services. JAN is not a legal or medical service so is not able to give legal or medical advice, but JAN consultants have years of experience in providing information about job accommodations and want to share this information with you. Volume 01, Issue 8 California AB 2222 v. the ADA From the desk of Beth Spanish translation provided by Liliana and Mayda From the text of AB 2222: "Under the California [FEHA] it is an unlawful employment practice for an employer or employment agency to refuse to hire or employ a person or otherwise discriminate because of specified personal characteristics, including a mental or physical disability or medical condition. The act defines mental disability for its purposes to include any mental or psychological disorder, as specified, and defines physical disability to include, among other things, any physiological disease, disorder, condition, disfigurement, or loss that affects specified body systems and limits an individual's ability to participate in major life activities."

    64. Useful Links To Voluntary Organisations
    Includes the Encyclopedia of Rights. Back to Top. physical disabilities. Backto Top. Learning disabilities mental Health. Action mental Health.
    http://www.ssani.gov.uk/html/voluntaryorganisations.htm

    65. Useful
    Consortium for Citizens with disabilities (CCD). Madnation. mental andPhysical law ABA Campaign to Identify Disability lawyers.
    http://www.chlp.org/pages/useful.html
    Useful Sites
    State of New Jersey Resources
    New Jersey Commission for the Blind and Visually Impaired New Jersey Department of Health and Senior Services New Jersey Department of Human Services New Jersey Division of Aids Prevention and Control ... New Jersey Division of Vocational Rehabilitation Services
    New Jersey Non-profit Organizations
    The Arc of New Jersey Easter Seals New Jersey Mental Health Association of New Jersey Internet Law Links
    National Resources
    ADA Case of the Week (Susan Stefan) The ARC Bazelon Center for Mental Health Law Consortium for Citizens with Disabilities (CCD ... Northeast Disability and Business Technical Assistance Center
    Additional National Resources
    National Fair Housing Advocate
    Data bases of cases; Discussion forum; References to other web sites; HUD materials; Upcoming meetings;Back issues of the National Fair Housing Advocate. John Marshall Law School Fair Housing Legal Support Center Research Data Base
    ADA Document Center

    Text of the Americans with Disabilities Act and its regulations. The ADA Accessibility Guidelines (ADAAG). Technicalassistance manuals. Links to a wide variety of sources dealing with disability
    law and with disabilities generally.

    66. IDEA's Definition Of Disabilities
    Multiple disabilities A combination of impairments (such as mental retardationblindness,or mental retardation-physical disabilities) that causes
    http://ericec.org/digests/e560.html
    IDEA's Definition of Disabilities
    The ERIC Clearinghouse on Disabilities and Gifted Education (ERIC EC)
    The Council for Exceptional Children
    1110 N. Glebe Rd.
    Arlington, VA 22201-5704
    Toll Free: 1.800.328.0272
    E-mail: ericec@cec.sped.org
    Internet: http://ericec.org ERIC EC Digest #E560
    Authors: Bernadette Knoblauch and Barbara Sorenson
    April 1998 During 1995-1996, 5,796,833 children in the United States ages 0-21 received special education and related services under IDEA, Part B and Part H. What Disabilities Entitle A Child To Special Education? The Education for All Handicapped Children Act (P.L. 94-142) of 1975 and the Individuals with Disabilities Education Act (IDEA) (P. L. 101-476) identified specific categories of disabilities under which children may be eligible for special education and related services. As defined by IDEA, the term "child with a disability" means a child: with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services.

    67. NGA Center For Best Practices Can't Find It? Try Our Search. NGA
    these welfare stayers include domestic violence; substance abuse; mental illness;physical, developmental, and learning disabilities; low self
    http://www.nga.org/special/1,1260,C_MINI_WEB_SITE^D_1695,00.html
    Can't find it?
    Try our search.
    NGA Home
    Center Home Governors News Room ... Legislative Update More Information Customized Training Programs/Work-Focused Basic Skills Education Domestic Violence Learning Disabilities Multiple Barriers ... Serious Barriers Home Page Welfare Reform Strategies for Overcoming Serious Employment Barriers Since the federal welfare reform law was signed in August 1996, welfare rolls have declined by almost 50 percent nationwide, leaving individuals who face more serious barriers to employment on the caseload. Some of the more common barriers surfacing amongst these welfare "stayers" include domestic violence; substance abuse; mental illness; physical, developmental, and learning disabilities; low self-esteem; low skill levels; limited English proficiency; poor work histories; criminal records; and other problems. To date, most states have developed one or more programs to address the needs of low-income families who face a multitude of challenges to securing sustainable employment. Some states have implemented practices on a statewide basis, while others have launched initiatives in one or a few local areas. The 1996 welfare reform law gave Governors unprecedented flexibility to develop innovative strategies for helping low-income families move toward self-sufficiency. In their search to identify and implement effective programs, policymakers, program administrators, researchers, the media, and others can benefit from an awareness of efforts currently underway. This site provides a sampling of brief state and local practice descriptions submitted to the National Governors? Association Center for Best Practices in conjunction with meetings hosted in October 1999 and February 2000. It will be updated as new and distinctly different practices are received.

    68. A Guide To Disability Rights Laws
    The Department of Justice presents an overview of Federal civil rights laws ensuring equal opportunity Category Society Issues disabilities Laws Legal Assistance...... foreign air carriers against qualified individuals with physical or mental impairments. tobe physically accessible to people with disabilities for federal
    http://www.usdoj.gov/crt/ada/cguide.htm
    Adobe Acrobat (PDF) version of this document with illustrations
    U.S. Department of Justice
    Civil Rights Division
    Disability Rights Section A Guide
    to
    Disability Rights Laws May 2002 TABLE OF CONTENTS
    Americans with Disabilities Act
    Telecommunications Act

    Fair Housing Act

    Air Carrier Access Act
    ...
    Statute Citations

    For persons with disabilities, this document is available in large print, Braille, audio tape, and computer disk. Reproduction of this document is encouraged. This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. To find out more about how these laws may apply to you, contact the agencies and organizations listed below. Americans with Disabilities Act (ADA) The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered. ADA Title I: Employment Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.

    69. Services For Students With Disabilities | Policies And Procedures Manual
    and, in particular, without discrimination based on raceĀ…or mental or physicaldisability. process and the learning process of students with disabilities.
    http://www.humberc.on.ca/~stuserv/ssd/pnp/law.htm
    Humber Home Student Services Services for Students with Disabilities Defining Disabilities - Learning Disabilities - Mobility Impairment - Mental Illness or Psychological Disability - Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD) - Brain or Head Injury - Medical Conditions - Other Disabilities Services for Students with Disabilities Responsibilities of Students Responsibilities of Services for Students with Disabilities Responsibilities of Academic Administrators Complaint Procedure Appendices - Appendix A: Legislation - Appendix B: Funding for Disability Services - Appendix C: Sample of Memo to Faculty Sample Forms Brochures Glossary of Terms Contact Information Defining Disabilities Services for Students with Disabilities Responsibilities of Students Responsibilities of Services for Students with Disabilities ...
    Faculty Guide 2002
    The Canadian Charter of Rights and Freedoms (1982), and the Ontario Human Rights Code (revised 1990) are major pieces of legislation guaranteeing equal opportunity and freedom from discrimination because of disability. In accordance with the law, Humber College recognizes the legal obligation to institute policies and procedures that provide equal opportunity and safeguard against discrimination on the basis of disability. (See

    70. TecAccess Making The World Of Technology Accessible
    Under this law, individuals with disabilities are defined as persons with a physicalor mental impairment that substantially limits one or more major life
    http://www.tecaccess.net/content/sec504/section504ov.shtml
    Section 508 Section 504 Section 501 Accessibility What is Section 504?
    Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency.
    Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in and have access to these program benefits and services. Section 504 defines a person as disabled if there is a mental or physical impairment that substantially limits one or more major life activities. When a condition does not substantially limit a major life activity, the individual does not qualify for special accommodations under Section 504.
    Photograph: TecAccess Accessibility Testers assess and test Canon copiers for Accessibility and Section 508 Compliance.)

    71. Robin's FYI - Disabilities - Including Most Physical & Mental
    from the brain, like Alzheimer, Asthma, Autism, Epilepsy, mental Health, TBI While physical will include sites that deal with disabilities like Muscular
    http://www.robinsfyi.com/disabilities/disabilities.htm
    This section is for anyone looking for information about a disability, including teachers, parents, family members, professionals, or a person who has a disability. While many disabilities will overlap in needs, I have tried to group the different categories by type of disability. Disabilities
    Everyone has a disability - some just don't know it.
    I may not agree with the thoughts of some of the sites listed, however I do this page for you. If you want my thoughts about something just ask. By far this is the hardest section to organize, since so many different disabilities can overlap in needs. A perfect example is a person with a head injury may or may not be affected physically. An organization may serve more than one type of disability, while others are highly specialized. I have tried to do a general break down to make referencing easier and quicker. To give you an idea of the lay out, " Above the Shoulders " contains links to disabilities that root from the brain, like: Alzheimer, Asthma, Autism, Epilepsy, Mental Health, TBI... While Physical will include sites that deal with disabilities like: Muscular Dystrophy, Spina Bifida.

    72. Schwab Learning
    to qualify for benefits, your child must have a mental or physical condition that However,kids with learning disabilities alone generally are not found
    http://schwablearning.org/articles.asp?r=90&g=2

    73. Adults With Disabilities Abuse Project
    Any abuse, which causes physical, sexual or mental injury to an adult with disabilities,and any exploitation of an adult's financial resources may
    http://www.state.il.us/agency/dhs/daawdpnp.html
    Adults with Disabilities Abuse Project
    [Text Only Version]
    WHAT IS THE PROJECT? OIG's Adults with Disabilities Abuse Project receives and assesses reports about adults whose disabilities impair their ability to protect themselves from abuse, neglect or exploitation in their own home. After OIG determines that there is a need to prevent abuse, and that the subject desires services, the Project refers the individual to the appropriate Office within the Department to develop and implement a service plan. WHO IS COVERED? Any adult (between 18 and 59 years old) who has been abused, neglected or exploited by a person who shares his or her private, unlicensed home and who has mental or physical disabilities that impair his or her ability to seek or obtain protection is eligible for this program. WHAT IS REPORTABLE TO OIG? The law defines abuse, neglect, and exploitation for the purposes of this Project. Any abuse, which causes physical, sexual or mental injury to an adult with disabilities, and any exploitation of an adult's financial resources may be reported. Neglect, which is the failure to provide an adult with disabilities with food, clothing, shelter or medical care, may also be reported. WHAT INFORMATION IS NEEDED?

    74. Page 1
    Approximately 300 million women around the world have mental and physical disabilities. Womenwith disabilities, like all people, enjoy the full panoply of
    http://www.crlp.org/pub_art_disabilities.html

    Online Bookstore
    Domestic Factsheets International Fact Sheets Shadow Reports ...
    Trends in Reproductive Rights: East Central Europe

    Reproductive Rights and Women With Disabilities : A Human Rights Framework March 2000, Item: B011 Page 1 Page 2 Page 3 Endnotes Approximately 300 million women around the world have mental and physical disabilities. Globally, women make up three-quarters of the disabled people in low and middle income countries, and between 65 and 70 percent of those women live in rural areas. Women with disabilities comprise 10 percent of all women worldwide, and yet, their reproductive health and rights are all too often neglected. Women with disabilities, like all people, enjoy the full panoply of human rights that are secured by international law and custom. The 1993 Vienna Declaration and Programme of Action is significant for its assertion that "[s]pecial attention" must be given in order to ensure "non-discrimination, and the equal enjoyment of all human rights and fundamental freedoms by disabled persons, including their active participation in all aspects of society." Reproductive rights are among these fundamental freedoms, including: the right to equality and non-discrimination; the right to marry and found a family; the right to comprehensive reproductive health care including family planning and maternal health services, education, and information; the right to give informed consent to all medical procedures including sterilization and abortion; and the right to be free from sexual abuse and exploitation.

    75. Boalt Disability Law Society
    Since 1973 this federal agency has dealt with accessibility issues for people withdisabilities. ABA's Commission on mental and physical Disability law.
    http://www.boalt.org/BDLS/links.html
    c Boalt Disability Law Society Boalt Hom e
    Boalt.org

    Links Disability Law and Advocacy
    Society for Disability Studies
    A nonprofit scientific and educational organization established to promote interdisciplinary research on humanistic and social scientific aspects of disability and chronic illness. Its membership includes social scientists, scholars in the humanities and disability rights advocates concerned with the problems of disabled people in society. In addition to scholarship, the site has an extensive list of other disability organizations and their web sites. National Organization on Disability Pacific Disability and Business Technical Assistance Center Located at 2168 Shattuck Avenue in Berkeley, this is one of ten federally funded regional resource centers on the ADA. Their website contains links to statutes, regulations, United States Supreme Court cases and technical assistance manuals; the latest news from the Department of Justice, the EEOC, the Department of Transportation and the Access Board; as well as
    information about lawsuits in progress and statistics. Current and back issues of the newsletter of the Pacific DBTAC are also available at this site.

    76. RSPA | Administration
    and full participation by persons with disabilities with regard to make reasonableaccommodation to the known physical or mental disabilities of individuals
    http://www.rspa.dot.gov/civil.html
    This page contains javascript which displays the date and time of the last update Mission of the Office of Civil Rights
    The Office of Civil Rights assures implementation of civil rights and equal employment opportunity precepts in all official actions, and coordinates RSPA's anti-drug program activities.
  • Civil Rights [HTML online format] Civil Rights [PDF format]
  • Drug Program Information Drug Program DOT Order 3910.1C, implementing drug and alcohol testing, requires one hour of training on the effects of alcohol and drug abuse for all managers and supervisors. New employees, who are in covered positions, managers and supervisors will also be required to receive one hour training. RSPA's drug program also emphasizes alcohol/drug abuse education for all employees. Training in drug and alcohol abuse enables managers, supervisors and employees to:
    • identify behaviors that may indicate drug and/or alcohol abuse; learn the physical and mental effects of drug and alcohol abuse; become knowledgeable of the legal penalties of being charged with driving while under the influence of drugs and/or alcohol; learn the rights and responsibilities of managers, supervisors, and employees under the drug testing program; and
  • 77. 405 ILCS 40/ Protection And Advocacy For Developmentally Disabled Persons Act
    such redesignation is given to persons with developmental disabilities or their ofa person which (A) is attributable to a mental or physical impairment or
    http://www.legis.state.il.us/legislation/ilcs/ch405/ch405act40.htm
    Illinois Compiled Statutes
    Mental Health
    Protection and Advocacy for Developmentally Disabled Persons Act
    405 ILCS 40/
    HOME CHAPTERS PUBLIC ACTS SEARCH ... BOTTOM (405 ILCS 40/) TOP

    78. COPM Description
    needs of schoolaged children with physical disabilities in the physical and OccupationalTherapy in Pediatrics. An outcome measure for adult mental health An
    http://www.caot.ca/copm/description.html
    The Canadian Occupational Performance Measure (COPM) is an individualized, client-centred measure designed for use by occupational therapists to detect change in a client's self-perception of occupational performance over time. It is designed to be used as an outcome measure. The COPM is designed for use with clients with a variety of disabilities and across all developmental stages. The COPM is a standardized instrument, in that there are specific instructions and methods for administering and scoring the test. It is designed as an outcome measure, with a semi-structured interview format and structured scoring method. Change scores between assessment and reassessment using the COPM are the most meaningful scores derived from this assessment. The COPM has been used in over 25 countries in the world, and has been currently translated into French, Hebrew, Icelandic, Japanese, German, Danish, Swedish and Greek. For information about obtaining translated versions, contact Mary Law The COPM has undergone extensive research in many different occupational therapy practice situations. The majority of clients and therapists indicate that the measure is easy to administer, taking 20-40 minutes.

    79. Henrichsen Seigel - Practice Areas
    Ninth Circuit follows other circuits in rejecting an ADA challenge to disparityin longterm disability benefits between mental and physical disabilities.
    http://www.hslawyers.com/practice/feb2000.htm
    Employee Representation
    Home
    Practice Areas Employment and Tech Employee Law ADA > February 2000
    Surety, Construction and

    Insurance Law
    Employment and

    Tech Employee Law

  • ProTech Employee
  • Employment Law for
    Start-ups
  • Employee Representation
  • Labor Union
    Representation
    Environmental and

    Toxic Tort Law Constitutional and Property Rights Court of Federal Claims Class Action Litigation Commercial Litigation / Business Representation
    SUMMARY OF CASES UNDER THE AMERICANS WITH DISABILITIES ACT - FEBRUARY 2000 Tenth Circuit holds that granting additional medical leave is not a required accommodation under the ADA. Taylor v. Pepsi-Cola Co., Civ. Action No. 98-5194, [Westlaw cite] (10th Cir., 11/12/99) The Tenth Circuit Court of Appeals affirmed summary judgment for the employer on an ADA claim and held that the plaintiff delivery driver had not right to additional medical leave or reassignment to a vacant position as an accommodation for his back injury where he failed to communicate with his employer during a one-year medical leave of absence. The Court of Appeals reasoned that the plaintiff was not a qualified individual with a disability because he could not perform the essential functions of his current position or any vacant position, and additional recovery time was an unreasonable accommodation where he failed to present any evidence of his prognosis or the expected duration of his impairment. Warehouse worker diagnosed with hepatitis overcomes summary judgment Rollf v. Interim Personnel Inc.
  • 80. Henrichsen Seigel - Practice Areas
    SUMMARY OF CASES UNDER THE AMERICANS WITH disabilities ACT MAY 1999 Tile II ofthe ADA does not require equal benefits for mental and physical disabilities.
    http://www.hslawyers.com/practice/may1999.htm
    Employee Representation
    Home
    Practice Areas Employment and Tech Employee Law ADA > May 1999
    Surety, Construction and

    Insurance Law
    Employment and

    Tech Employee Law

  • ProTech Employee
  • Employment Law for
    Start-ups
  • Employee Representation
  • Labor Union
    Representation
    Environmental and

    Toxic Tort Law Constitutional and Property Rights Court of Federal Claims Class Action Litigation Commercial Litigation / Business Representation
    SUMMARY OF CASES UNDER THE AMERICANS WITH DISABILITIES ACT - MAY 1999 Tile II of the ADA does not require equal benefits for mental and physical disabilities. Rogers v. Department of Health and Environmental Control, The Court of Appeals for the Fourth Circuit affirmed the dismissal of the complaint for failure to state a claim upon which relief could be granted. The Court held that Title II of the ADA does not require equal benefits for mental and physical disabilities nor does it require plan sponsors to justify risk classifications with actuarial data. The Court noted that congressional activity since the passage of the ADA indicates that Congress does not read the ADA to require parity of coverage for mental and physical disabilities. Post-traumatic stress disorder and depression are disabilities under the ADA.
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