Toward Universalism: What the ADA Amendments Act of 2008 Can and Can't Do for Disability Rights.

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  • Author(s): Barry, Kevin
  • Source:
    Berkeley Journal of Employment & Labor Law. 2010, Vol. 31 Issue 2, p203-283. 81p.
  • Document Type:
    Article
  • Additional Information
    • Subject Terms:
    • Subject Terms:
    • Abstract:
      The social model of disability teaches that it is society's treatment of impairments, not the impairments themselves, which limit people. But this model permits two different approaches to civil rights coverage: protect only some (the "minority group" approach) and protect all (the "universal" approach). While some scholars suggest that the Americans with Disabilities Act's (ADA) protected class o(people with "disabilities" constituted an abandonment of the universal approach to coverage, this article argues that the ADA's three-prongeci definition of "disability" embodied a tension between the minority group approach (in its first and second prongs) and the universal approach (ir. its "regarded as" prong). Although the minority group approach ultimately won out in the courts, that victory was not the result of a deliberate decision on the part of disability rights advocates to subordinate the universal approach. The ADA Amendments Act of 2008 (ADAAA), the product of negotiations between the business community and disability rights advocates, resolves this tension and brings coherence to the ADA's definition of disability by providing nearly universal nondiscrimination protection under the "regarded as" prong, and by extending reasonable accommodations under the first and second prongs to a broader but not unlimited group of people whose impairments are stigmatized The resolution of this tension matters for the ADA and for disability rights more generally. The new "regarded as" prong represents a bold step forward for the social model of disability by acknowledging that any one of us may be subjected to discrimination based on an impairment and, for that reason, nearly all of us should be protected Likewise, the ADAAA greatly dilutes the limitation required under the first and second prongs and limits its relevance to reasonable accommodations only, thereby elaborating on what it means to be stigmatized, and ensuring reasonable accommodations to those who are. [ABSTRACT FROM AUTHOR]
    • Abstract:
      Copyright of Berkeley Journal of Employment & Labor Law is the property of University of California School of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
    • ISSN:
      1067-7666
    • Accession Number:
      62542884
  • Citations
    • ABNT:
      BARRY, K. Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights. Berkeley Journal of Employment & Labor Law, [s. l.], v. 31, n. 2, p. 203–283, 2010. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=lgh&AN=62542884&custid=s6224580. Acesso em: 26 set. 2020.
    • AMA:
      Barry K. Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights. Berkeley Journal of Employment & Labor Law. 2010;31(2):203-283. Accessed September 26, 2020. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=lgh&AN=62542884&custid=s6224580
    • APA:
      Barry, K. (2010). Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights. Berkeley Journal of Employment & Labor Law, 31(2), 203–283.
    • Chicago/Turabian: Author-Date:
      Barry, Kevin. 2010. “Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights.” Berkeley Journal of Employment & Labor Law 31 (2): 203–83. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=lgh&AN=62542884&custid=s6224580.
    • Harvard:
      Barry, K. (2010) ‘Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights’, Berkeley Journal of Employment & Labor Law, 31(2), pp. 203–283. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=lgh&AN=62542884&custid=s6224580 (Accessed: 26 September 2020).
    • Harvard: Australian:
      Barry, K 2010, ‘Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights’, Berkeley Journal of Employment & Labor Law, vol. 31, no. 2, pp. 203–283, viewed 26 September 2020, .
    • MLA:
      Barry, Kevin. “Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights.” Berkeley Journal of Employment & Labor Law, vol. 31, no. 2, June 2010, pp. 203–283. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=lgh&AN=62542884&custid=s6224580.
    • Chicago/Turabian: Humanities:
      Barry, Kevin. “Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights.” Berkeley Journal of Employment & Labor Law 31, no. 2 (June 2010): 203–83. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=lgh&AN=62542884&custid=s6224580.
    • Vancouver/ICMJE:
      Barry K. Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights. Berkeley Journal of Employment & Labor Law [Internet]. 2010 Jun [cited 2020 Sep 26];31(2):203–83. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=lgh&AN=62542884&custid=s6224580