Perspectives on Disability, Discrimination, Accommodations, and Law (Law and Society (New York, N.Y.).)

Oakes compares disability discrimination laws in Canada and the United States. He argues that in the United States, disability law has failed to achieve many of its objectives. Indeed, in American courts, disability plaintiffs almost always lose. By comparison, in Canada plaintiffs win more frequently. Canadian disability protections rely on human rights laws, which are quasi-constitutional and broadly construed. By contrast, in the United States, the definition of disability under the ADA is more limited. Considering the theoretical basis for disability protections and the desirability of extending accommodations in both employment and education, Oakes concludes that disability laws require reform in both countries: in Canada passage of proactive legislation and in the U.S. a refined ADA. Equality and rights for persons with disabilities Theoretical perspectives on disability protections Constitutional, statutory, and legal framework Comparative evaluation of American and Canadian employment disability laws Access to higher education and the professions for persons with disabilities. Equality and rights for persons with disabilities Theoretical perspectives on disability protection Constitutional, statutory, and legal framework Comparative evaluation of American and Canadian employment disability laws Access to higher education and the professions for people with disabilities Concluding remarks. Equality And Rights For Persons With Disabilities -- Theoretical Perspectives On Disability Protections -- Constitutional, Statutory, And Legal Framework -- Comparative Evaluation Of American And Canadian Employment Disability Laws -- Access To Higher Education And The Professions For Persons With Disabilities. Wayne Thomas Oakes. Includes Bibliographical References (p. 251-268) And Index. The principles of dignity, perceptions of equality and the reach of human rights can be very divisive.