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Patrick Button - One of the best experts on this subject based on the ideXlab platform.
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expanding Disability Discrimination protections to those with less severe impairments evidence from california s prudence kay poppink act
Research Papers in Economics, 2015Co-Authors: Patrick ButtonAbstract:Individuals with less severe impairments are often ineligible for Disability programs and are not covered under Americans with Disabilities Act, but this group still faces employment barriers through Discrimination or requiring on-the-job accommodations. Effective 2001, California passed the Prudence Kay Poppink Act which broadened California's Disability employment Discrimination laws to cover individuals with less severe impairments. I estimate how this act affected the labor market outcomes for these newly-covered disabled workers using both difference-in-differences and difference-in-differences-in-differences regression analyses using data from the Current Population Survey's Annual Social and Economic Supplement. The results generally show a large increase in employment.
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expanding Disability Discrimination protections to those with less severe impairments evidence from california s prudence kay poppink act
Social Science Research Network, 2015Co-Authors: Patrick ButtonAbstract:Effective 2001, California passed the Prudence Kay Poppink Act which broadened California's Disability Discrimination in employment laws to cover individuals with less severe impairments. This is an important legal change as individuals with less severe impairments are often ineligible for Social Security Disability Insurance and are often not covered by the Americans with Disabilities Act, but this group may still face barriers to employment through Discrimination or needing job accommodations. I estimate how the Prudence Kay Poppink Act affected the labor market outcomes for these newly-covered disabled workers using both difference-in-differences and difference-in-differences-in-differences regression analyses using data from the Current Population Survey's Annual Social and Economic Supplement (a.k.a. the "March CPS"). The results show strong evidence of increased employment and weak evidence of increased earnings.
Paul Harpur - One of the best experts on this subject based on the ideXlab platform.
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australia s fair work act and the transformation of workplace Disability Discrimination law
Wisconsin International Law Journal, 2012Co-Authors: Paul Harpur, Ben French, Richard A BalesAbstract:Until recently, Australian Disability Discrimination law was similar to that of the United States and much of the rest of the world: it defined Disability relatively narrowly, its penalties for noncompliance were relatively paltry, and its enforcement depended on lawsuits brought by aggrieved private citizens. In 2009, however, Australia adopted the Fair Work Act (FW Act). The FW Act defined Disability much more broadly, increased substantially the penalties for noncompliance, and created a state institution to enforce Disability rights. This article analyses the FW Act, compares it to the workplace Disability law in the United States, and argues that the FW Act is a transformational development in the struggle to achieve workplace equality and an approach that should attract significant international interest.
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a re appraisal of the bifurcation of Discrimination into disparate treatment and disparate impact the potentiality of other regulatory mechanisms
Society for Disability Studies Conference, 2011Co-Authors: Paul HarpurAbstract:The primary regulatory vehicle employed by the Americans with Disabilities Act to give effect to equality is to direct people in specific relationships not to discriminate. The prohibition against Discrimination is categorized as either disparate treatment or disparate impact. This bifurcated approach has been adopted in many Western jurisdictions, such as in the United Kingdom in the Disability Discrimination Act 1995 (UK) and in Australia with the Disability Discrimination Act 1992 (Cth) (although the terms direct and indirect Discrimination rather than disparate treatment or disparate impact are employed). This bifurcation is just one regulatory vehicle to prohibit Discrimination. The Canadian Supreme Court in British Columbia (Public Service Employee Relations Commission) v BCGSEU [1999] 3 SCR 3, at [29] rejected the bifurcated approach on the basis this approach is "malleable" and "unrealistic". The court unanimously concluded that the "bifurcated analysis gives employers with a discriminatory intention and the forethought to draft the rule in neutral language an undeserved cloak of legitimacy." The recent adoption by the United Nations of the Convention of Persons with Disabilities (CRPD) and changing social norms creates the potential to revisit the best regulatory mechanisms to reduce Discrimination. Supporters of the CRPD accept that states and laws should alter the operation of the free market to reduce Discrimination and ensure persons with disabilities can exercise their human rights. This paper will analyse the operation of legislative regulatory vehicles that drive this social transformation. Scholarship surrounding regulation mechanisms demonstrates that some vehicles can create employer resistance, some compliance and yet others can generate above compliance. Identifying and advocating for the most effective regulatory mechanism can have far reaching consequences for the ability of persons with disabilities to exercise their rights. This paper will introduce concepts pertaining to basic regulatory vehicles and explore how different vehicles may be employed to maximise the transformational potential of laws promoting social equality.
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sexism and racism why not ableism calling for a cultural shift in the approach to Disability Discrimination
Social Science Research Network, 2011Co-Authors: Paul HarpurAbstract:Sex and racial Discrimination have been labeled as sexism and racism respectively. These descriptors are well-known and accepted. This article analyses why Disability Discrimination does not have a similar label and argues that the term 'ableism' should be adopted as a descriptor for Disability Discrimination. This article applies legal and cultural examples to articulate the argument that ableism should be adopted as an appropriate descriptor.
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rights of persons with disabilities and australian anti Discrimination laws what happened to the legal protections for people using guide or assistance dogs
University of Tasmania law review, 2010Co-Authors: Paul HarpurAbstract:Service dogs can be used to alleviate the negative effect of various disabilities. The most common form of service dogs are guide dogs for the blind or deaf. However, the role of service dogs is much broader with assistance dogs aiding people with disabilities including diabetes, epilepsy and various forms of disabilities associated with social interactions. This paper will analyse in detail the legal status of guide and assistance dogs under the Convention on the Rights of Persons with Disabilities, the Disability Discrimination Act 1992 (Cth) (as amended in 2009) and under Australian state and territory laws. The operation of direct and indirect Discrimination under the Disability Discrimination Act will be analysed by this paper, and recommendations for reform will be made.
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sexism and racism why not ableism calling for a cultural shift in the approach to Disability Discrimination
Alternative Law Journal, 2009Co-Authors: Paul HarpurAbstract:Argument for the adoption of the term 'ableism' as a label and as a strategy for moving towards a social justice model of Disability - analogy with the terms 'sexism' and 'racism' - recognition that it is the responsibility of all people to remove barriers to inclusion and that society should adopt 'universal design' to reduce unnecessary barriers to full rights for disabled persons - operation of anti-Discrimination legislation in relation to disabled people.
Brenda M Oldfield - One of the best experts on this subject based on the ideXlab platform.
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implementing the Disability Discrimination act 1995 a comparison of manchester city centre and out of town retailer responses
International Journal of Retail & Distribution Management, 2005Co-Authors: Ruth A Schmidt, Peter Jones, Brenda M OldfieldAbstract:Purpose – At the time of the imminent implementation of the Disability Discrimination Act (DDA) 1995, Part III, this paper aims to raise awareness both amongst retail and marketing academics and practitioners of the opportunities and potential marketing benefits inherent in the implementation of the Act.Design/methodology/approach – A review of the UK disabled sector and the implications of DDA Stage III for retailers and service marketers is combined with an observational case study of shopping facilities for the mobility impaired shopper in a Manchester city centre and out‐of‐town location, complemented by interviews with Shopmobility representatives.Findings – Findings provide an observational insight into the status quo of the implementation of the Act. Questions are raised concerning potential retailer responses on a continuum between mere compliance and enthusiastic commitment to the enhancement of servicescapes to the benefit of all. The role of different stakeholders and the potential contribution...
Michael Evan Waterstone - One of the best experts on this subject based on the ideXlab platform.
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Disability disparate impact and class actions
Duke Law Journal, 2006Co-Authors: Michael Ashley Stein, Michael Evan WaterstoneAbstract:Following Title VII's enactment, group-based employment Discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination which defined a group's social identity was also sufficient to legally bind members together, even when relief had to be issued individually. Interwoven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons with disabilities. Under the Americans with Disabilities Act ("ADA"), individual employee claims to accommodate specific impairments, such as whether to install ramps or replace computer screens, have all but eclipsed a coherent theory of Disability-based disparate impact law, and the class action device has been virtually non-existent in Disability Discrimination employment cases. The absence of collective action has been especially harmful because the realm of the workplace is precisely where group-based remedies are needed most. Specifically, a crucial but overlooked issue in Disability integration is the harder-to-reach embedded norms that require job and policy modifications. The Article argues that panDisability theory serves as an analogue to earlier notions of panethnicity and provides an equally compelling heuristic for determining class identity. It shows that panDisability undergirds ADA public service and public accommodation class actions where individualized remedy assessments have been accepted as part of group-based challenges to social exclusion. The Article also demonstrates that this broader vision of collective action is consistent with the history underlying the class action device. Taking advantage of the relatively blank slate of writing on group-based Disability Discrimination, it offers an intrepid vision of the ADA's potential for transforming workplace environments. In advocating for a return to an earlier paradigm of collective action in the Disability context, the Article also provides some thoughts for challenging race and sex-based Discrimination.
Ruth A Schmidt - One of the best experts on this subject based on the ideXlab platform.
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implementing the Disability Discrimination act 1995 a comparison of manchester city centre and out of town retailer responses
International Journal of Retail & Distribution Management, 2005Co-Authors: Ruth A Schmidt, Peter Jones, Brenda M OldfieldAbstract:Purpose – At the time of the imminent implementation of the Disability Discrimination Act (DDA) 1995, Part III, this paper aims to raise awareness both amongst retail and marketing academics and practitioners of the opportunities and potential marketing benefits inherent in the implementation of the Act.Design/methodology/approach – A review of the UK disabled sector and the implications of DDA Stage III for retailers and service marketers is combined with an observational case study of shopping facilities for the mobility impaired shopper in a Manchester city centre and out‐of‐town location, complemented by interviews with Shopmobility representatives.Findings – Findings provide an observational insight into the status quo of the implementation of the Act. Questions are raised concerning potential retailer responses on a continuum between mere compliance and enthusiastic commitment to the enhancement of servicescapes to the benefit of all. The role of different stakeholders and the potential contribution...