An Americans with Disabilities Act for Everyone, and for the Ages As Well

Authors

Anita Silvers, San Francisco State University
Leslie P. Francis, University of Utah S.J. Quinney College of Law

Abstract

The article argues that the Americans with Disabilities Act (ADA) was originally intended to universally protect individuals from disability-based discrimination, rather than focusing on categorizing who is disabled. The authors contend that the ADA should be interpreted to prevent discrimination based on disability for everyone, regardless of specific eligibility criteria, and that the statute's effectiveness has been undermined by court decisions that emphasize categorical limitations. They advocate for a broader, more inclusive understanding of the ADA, aligned with its original purpose of combating discrimination.

Disciplines

Civil Rights and Discrimination | Disability Law | Human Rights Law | Labor and Employment Law | Law

Recommended Citation

Anita Silvers & Leslie P. Francis, An Americans with Disabilities Act for Everyone, and for the Ages As Well, 39 Cardozo L. Rev. 669 (2017).
Available at: https://larc.cardozo.yu.edu/clr/vol39/iss2/10