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Lecture 4

SOCI 3810 Lecture 4: Lecture Nov 2

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York University
SOCI 3810
Carmela Murdocca

Myra Abedi Human Approaches: Canada November 2 2017 Emens Reading (legal scholar) ADA (1990); ADA Amendments Act (2008) 3 Main Points of This Essay: 1) ADAAA interrupts disability doctrinediscrimination; carves up the definitions of disability; repudiates a strong form of the social model of disability, aims to dismantle a hierarchy of discrimination 2) ADAAA ban on reverse discrimination 3) Expanded definition of disability under ADAAA means less of a legal buffer (protection) for those with disability increase anxiety and empathy failures How to understand the concept of disability and the importance of understanding how we define the term disability in formal legislation The social model looks at the environment, but youre also considering their experience nd What are the critiques of the social model? (2 reflection assignment) Definitions of disability and multiple contexts in which you find these definitions and multiple arguments of how definitions of disability can support discrimination or how they can be used as anti discrimination tools Our understanding of what the social model is, multiple perspectives of the social model, how the model supports increased participation, citizenship and entitlement to rights, and how it does not What does the court recognize as substantial limitations? Interpretation of Disability Cases by the Courts Definition of disability shifting? Demanding standard Substantial limitation Mitigation of substantial limitation Major life activities Prove specific major life activities were substantially limited (i.e. employer) ADA Defines Disability One of the ADAs boldest features at least in principle was that the statute defined disability to include both actual and regarded (formal and not formal) as disability, with both counting equally as disability for all purposes under the statute, including accommodation Particular danger of the Category of Disability Defining disability as a concept vs. Disabilities are a category Singular vs. Plural Be very conscious in using the term disability vs. disabilities Vera Chouinard Critical social and feminist geographer with interests in issues of social marginalization, state policy, and struggles for social change
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