| Preface |
| Acknowledgments |
| Westlaw® Overview |
| Chapters |
| Part 1 | Historical and Conceptual Foundations |
| | Chapter 1 | Introduction |
| | § 1.1 | Overview |
| | § 1.2 | American Conceptions of Discrimination on the Basis of Disability |
| | § 1.3 | ADA Precursors |
| | Chapter 2 | The ADA'S History and Philosophy |
| | § 2.1 | A Brief Guide to the ADA |
| | § 2.2 | ADA Background and Fundamentals |
| | § 2.3 | The Theory and Economics of the Accommodation Principle |
| Part 2 | Definitional Issues |
| | Chapter 3 | Disability |
| | § 3.1 | Overview |
| | § 3.2 | Actual Disability |
| | § 3.3 | Record of A Disability |
| | § 3.4 | Regarded As Having A Disability |
| | Chapter 4 | Other Protections |
| | § 4.1 | Association |
| | § 4.2 | Retaliation |
| | Chapter 5 | Qualified |
| | § 5.1 | Prerequisites |
| | § 5.2 | Essential Requirements |
| | § 5.3 | Estoppel |
| Part 3 | Employment Discrimination: ADA Title I |
| | Chapter 6 | Objects of Title I |
| | § 6.1 | Overview |
| | § 6.2 | Covered Entities |
| | § 6.3 | Hiring, Discipline and Benefits |
| | Chapter 7 | Examinations and Inquiries |
| | § 7.1 | Permissible Scope of Inquiries and Examinations |
| | § 7.2 | Confidentiality of Information |
| | § 7.3 | Rights of People Without Disabilities to Bring Inquiry/Examination Claims - Standing |
| | Chapter 8 | Reasonable Accommodation |
| | § 8.1 | Overview and Illustrations |
| | § 8.2 | the Process |
| | § 8,3 | Undue Hardship |
| | § 8.4 | Burdens of Production and Proof |
| | Chapter 9 | Title I Defenses Based on Qualifications Standards |
| | § 9.1 | Direct Threat Defense to Others and to Self |
| | § 9.2 | Cheuron v. Echazabal |
| | § 9.3 | the Role of Experts In Title I Cases |
| Part 4 | Access to Public Services: ADA Title II |
| | Chapter 10 | Statutory Background |
| | § 10.1 | Statutory and Regulatory Scheme |
| | § 10.2 | Federalism and Title II - Did Congress Validly Abrogate the States' Sovereign Immunity? |
| | Chapter 11 | Coverage |
| | § 11.1 | Introduction |
| | § 11.2 | Elements of Title 11 Claim |
| | § 11.3 | "Qualified Person With A Disability" |
| | § 11.4 | Not Excluding, Denying, Or Discriminating - Affirmative Responsibilities of Public Entities |
| | § 11.5 | By Reason of Disability - Intentional Discrimination Versus Disparate Impact |
| Part 5 | Access to Public Accommodations: ADA Title III |
| | Chapter 12 | Covered Entities |
| | § 12.1 | Places of Public Accommodation and Commercial Facilities |
| | § 12.2 | Insurance |
| | § 12.3 | Examinations and Courses |
| | § 12.4 | Exempt Entities |
| | § 12.5 | Relationship to Title II |
| | Chapter 13 | Prohibited Conduct |
| | § 13.1 | General |
| | § 13.2 | Denial of Participation |
| | § 13.3 | Unequal Participation |
| | § 13.4 | Separate Benefit |
| | § 13.5 | Eligibility Criteria |
| | § 13.6 | Reasonable Modifications |
| | § 13.7 | Effective Communication |
| | § 13.8 | Architectural Barriers |
| Part 6 | Enforcement and Remedies |
| | Chapter 14 | Introduction to Enforcement Procedures |
| | § 14.1 | Overview |
| | § 14.2 | Relation to Civil Rights Act |
| | Chapter 15 | Title I - Employment Discrimination |
| | § 15.1 | Introduction |
| | § 15.2 | Procedure |
| | § 15.3 | Remedies |
| | Chapter 16 | TITLE II-Discrimination By Public Entities |
| | § 16.1 | Introduction |
| | § 16.2 | Procedure |
| | § 16.3 | Remedies |
| | § 16.4 | A Note on ADA Title IV - Amendments to the Communications Act |
| | Chapter 17 | Title III - Discrimination In Public Accommodations and Services Operated By Private Entities |
| | § 17.1 | Introduction |
| | § 17.2 | Procedure |
| | § 17.3 | Remedies |
| | Chapter 18 | of Limitations |
| | § 18.1 | Title I |
| | § 18.2 | Titles II and III |
| | Chapter 19 | Attorneys' Fees |
| | § 19.1 | Prevailing Party |
| | § 19.2 | Reasonableness of Fees |
| | § 19.3 | A Note on the Taxability of Attorneys' Fee Awards |
| | Chapter 20 | Alternative Dispute Resolution |
| | § 20.1 | Mediation of Disability Rights Disputes |
| | § 20.2 | Arbitration of Disability Rights Disputes |
| Part 7 | State Antidiscrimination Law |
| | Chapter 21 | State Antidiscrimination Law |
| | § 21.1 | Overview |
| | § 21.2 | Pre-ADA State Landscape |
| | § 21.3 | Post-ADA State Laws |
| | § 21.4 | Looking Ahead -the States' Model Revisited |
| Part 8 | International Disability Rights Law |
| | Chapter 22 | International Law |
| | § 22.1 | Overview |
| | § 22.2 | International Human Rights Law Basics |
| | Chapter 23 | Other States'approaches to Disability Rights |
| | § 23.1 | Statistics on People With Disabilities |
| | § 23.2 | Welfare/Medical Model Versus Rights Model |
| | § 23.3 | States Following A Rights Model |
| | § 23.4 | States Following A Welfare/Medical Model: France |
| | Chapter 24 | Regional Organizations' Disability Rights Initiatives |
| | § 24.1 | Organization of American States |
| | § 24.2 | Council of Europe and European Union |
| | Chapter 25 | United Nations |
| | § 25.1 | United Nations Initiatives Prior to 2001 |
| | § 25.2 | Convention on the Rights of Persons with Disabilities |
| Part 9 | Disability and Employment, Welfare, and Health Care Policy |
| | Chapter 26 | Introduction |
| | § 26.1 | Overview |
| | Chapter 27 | Disability and Employment Policy |
| | § 27.1 | Disability Prevalence and the Case of Employment |
| | § 27.2 | Workforce Investment Act (WIA) |
| | § 27.3 | Ticket to Work and Work Incentives Improvement Act (TWWIIA) |
| | Chapter 28 | Disability and Welfare Policy |
| | § 28.1 | Temporary Assistance For Needy Families (TANF) Programs |
| | Chapter 29 | Disability and Health Care Policy |
| | § 29.1 | The ADA and Genetic Discrimination |
| Part 10 | Applications of the ADA to Technology Policy and Tax Policy |
| | Chapter 30 | Introduction |
| | § 30.1 | Overview |
| | Chapter 31 | Disability Policy and Private Internet Sites |
| | § 31.1 | Internet Accessibility |
| | § 31.2 | Title III Caselaw and the "Place" Requirement |
| | § 31.3 | Title III and the Internet: Emerging Issues |
| | § 31.4 | Summary |
| | Chapter 32 | Disability Policy and Public Internet Sites32.1 Access to Data |
| | § 32.2 | Applications of the ADA |
| | § 32.3 | Applications of Section 504 of the Rehabilitation Act |
| | § 32.4 | Applications of Section 508 of the Rehabilitation Act |
| | § 32.5 | Other Policy Issues |
| | Chapter 33 | Disability and Tax Policy |
| | § 33.1 | Overview: Tax Policy and Persons With Disabilities§33.2 Tax Policy, Asset Accumulation and Disability Policy |
| | § 33.3 | Tax Policies and the ADA: Applications to Technology and Other Areas |
| | § 33.4 | Illustrative Caselaw: Tax Policy and Disability |
| Appendices |
| Appendix 1 | Americans With Disabilities Act of 1990 |
| Appendix 2 | Civil Rights Act of 1991, Amending Civil Rights Act of 1964 §§ 701, 702, 703, 704, 705, 706 and 717, and Americans With Disabilities Act of 1990 §§ 101(4) and 102 |
| Appendix 3 | Rehabilitation Act of 1973 §§ 501, 504, 505, 508 |
| Appendix 4 | Fair Housing Act |
| Appendix 5 | State of California Government Code Fair Employment and Housing Act (Selected Excerpts) Division 3. Executive Department Part 2.8. Department of Fair Employment and Housing |
| Appendix 6 | Constitutional Provisions and Legislation Protecting the Rights of Persons With Disabilities In Other States |
| Appendix 7 | Elements For A Future United Nations Comprehensive and Integral Convention to Promote and Protect the Rights and Dignity of Persons With Disabilities (Proposal of Mexico) |