Selected Bibliography on Employment and the Americans with Disabilities Act Patricia G

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Cornell Journal of Law and Public Policy Volume 2 Article 4 Issue 1 Fall 1992

Selected Bibliography on Employment and the Americans with Disabilities Act Patricia G. Court

Linda Karr O'Connor

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Recommended Citation Court, Patricia G. and O'Connor, Linda Karr (1992) "Selected Bibliography on Employment and the Americans with Disabilities Act," Cornell Journal of Law and Public Policy: Vol. 2: Iss. 1, Article 4. Available at: http://scholarship.law.cornell.edu/cjlpp/vol2/iss1/4

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and Linda Karr O'Connort '

Table of Contents

I. SCOPE ...... 64

II. DATABASES SEARCHED ...... 65

III. LEGISLATIVE HISTORY ...... 66

A. LAW ...... 66 B. REPORTS ...... 66 C. HEARINGS ...... 66 D. DEBATES ...... 68 E. ExEcuTwE STATEMENTS ...... 68 F. EMPLOYMENT REGULATIONS ...... 68 G. COMPILATIONS ...... 68

IV. BOOKS ...... 69

V. JOURNAL ARTICLES ...... 76

A. GENERAL ...... 76 B. COMPARISONS WITH OTHER LAWS ...... 79 C. DISABILITIES ...... 80 D. ENFORCEMENT ...... 81 E. REASONABLE ACCOMMODATION AND UNDUE HARDSHIP ...... 82 F. ISSUES OF SPECIAL CONCERN TO EMPLOYERS .... 84 G. CONSTITUTIONAL ISSUES AND JUDICIAL REVIEW .. 86 H. BIBLIOGRAPHIES...... 87

t Reference Librarian, Cornell Law Library. J.D., Hamline University School of Law; M.L.S., B.A., Indiana University. tt Reference Librarian, Cornell Law Library. J.D., University of San Francisco School of Law; M.L.S., University of California-Los Angeles; B.A., Shimer College. 64 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

I. SCOPE

This bibliography collects and organizes citations to books and journal articles contributing legal analysis and interpretation of the employment aspects of the Americans with Disabili- ties Act of 1990. Legislative history is included since it is an essential component of such analysis. The limitation of this bibliography is a product of its timeli- ness. Few cases have reached the appellate court level where questions of law are decided; therefore, much legal analysis is speculative. Despite this limitation, the authors believe the bibliography is useful because of current interest in the topic. Specific information about databases searched, dates searched, and search terms is included so that researchers can easily update this bibliography. The Mental and Physical Disability Law Reporter is a good source for tracking cases coming up through the courts. The category of books includes looseleaf services and documents from the federal government. This bibliography includes books that give an overview or explanation of the ADA because: 1) there are relevant chapters or sections on employment in books that cover the entire ADA; and 2) many are updated regularly and will include analysis and interpretation as the courts have an opportunity to adjudicate cases brought under the ADA. Annotations are provided for some of the most significant titles, such as the guides from the Equal Employment Opportunity Commission and looseleafs from major legal pub- lishers. Most of the books listed were reviewed to determine suitability for the scope of this bibliography. Journal articles that are merely a general overview of the ADA or a checklist for employers are excluded, unless the author has a special relationship to the ADA or to the field of disability rights. As a general rule, at least one third of the article is about employment aspects of the ADA and includes legal analysis of issues. Researchers can find general and non- analytical articles using the same databases and search terms set forth below. Newspaper articles (including legal newspapers) are excluded but can be located by searching periodical indexes, such as Legal Resource Index. All of the articles listed were reviewed to determine suitability for the scope of this bibliography. 1992] BIBLIOGRAPHY ON EMPLOYMENT AND THE ADA 65

II. DATABASES SEARCHED

The following databases were searched through September 1992. The researcher can update the searches or, knowing which terms were searched (as indicated after each source), adapt them to fit individual needs. The majority of citations were identified from these two sources:

Legal Resource Index (Information Access Co.) Americans with disabilities act This index provides citations to a wide variety of legal publications, including bar journals and legal newspapers. It can be searched in print as Current Law Index and on CD-ROM as LegalTrac. The Index to Legal Periodicals(H. W. Wilson Co.), another indexing source for legal journals, is also available in print, on CD-ROM, and on-line for com- mercial subscriptions to LEXIS and WESTLAW.

RLIN (Research Libraries Group, Inc.) RLIN is an information system and communications net- work with more than 55 million bibliographic records. It serves as a catalog of books and other holdings of major research libraries. Useful Library of Congress subject headings are: United States. Americans with Disabilities Act of 1990. Handicapped-Employment--Law and legislation-United States. Handicapped-Legal status, laws, etc.-United States. Discrimination in employment-Law and legislation- United States. Discrimination against the handicapped-Law and legislation-United States.

In addition to legal journal indexes, there are numerous indexes and databases that encompass information on the ADA. The following indexes have less to offer the researcher looking for legal analysis; however, many articles discuss compliance requirements and give overviews of the ADA for the non-lawyer. All indexes were searched using DIALOG on WESTLAW but many have print counterparts.

Academic Index (Information Access Co.) "Americans with disabilities act" 66 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

Book Review Index (Gale Research, Inc.) "Americans with disabilities act"

Books in Print (R.R. Bowker Co.) "Americans with disabilities act"

Economic Literature Index (American Economic Association) "Americans with disabilities act"

PAIS (Public Affairs Information Service) "Americans with disabilities act" & (law! legal! litig!) & (employ! work! labor!)

Social Scisearch (Social Sciences Citation Index, Institute for Scientific Information) "Americans with disabilities act" Sociological Abstracts (Sociological Abstracts, Inc.) "Americans with disabilities act"

III. LEGISLATIVE HISTORY

A. LAW

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. (Supp. II 1990), Pub. L. No. 101-336, 104 Stat. 327 (1990), Senate bill 933, H.R. bill 2273.

B. REPORTS

H. Rep. No. 485, Pt. 1-4, 101st Cong., 2d Sess. (1990), reprinted in 1990 U.S.C.C.A.N. 267.

H. Rep. No. 558, 101st Cong., 2d Sess. (1990).

H. Rep. No. 596, 101st Cong., 2d Sess. (1990), reprinted in 1990 U.S.C.C.A.N. 565.

S. Rep. No. 116, 101st Cong., 2d Sess. (1989).

C. HEARINGS

Americans with DisabilitiesAct of 1988: Joint Hearing Before the Subcommittee on the Handicapped,Senate Labor and 1992] BIBLIOGRAPHY ON EMPLOYMENT AND THE ADA 67

Human Resources Committee, and the Subcommittee on Select Education,House Educationand Labor Committee, 100th Cong., 2d Sess. (1988).

OversightHearing on H.R. 4498, Americans with DisabilitiesAct of 1988: HearingBefore the Subcommittee on Select Education, House Education and Labor Committee, 100th Cong., 2d Sess. (1988).

Americans with DisabilitiesAct of 1989: Hearings Before the Subcommittee on the Handicapped, Senate Labor and Human Resources Committee, 101st Cong., 1st Sess. (1989).

JointHearing on H.R. 2273, The Americans with DisabilitiesAct of 1989: Joint Hearing Before the Subcommittees on Select Educationand Employment Opportunities,House Educationand Labor Committee, 101st Cong., 1st Sess. (1989). [July 18]

Americans with DisabilitiesAct of 1989: Hearings Before the Subcommittee on Civil and ConstitutionalRights, House Judi- ciary Committee, 101st Cong., 1st Sess. (1989).

Field Hearing on Americans with Disabilities Act: Hearing Before the Subcommittee on Select Education, House Education and Labor Committee, 101st Cong., 1st Sess. (1989).

Hearing on H.R. 2273, The Americans with DisabilitiesAct of 1989: Joint HearingBefore the Subcommittees on Employment Opportunitiesand Select Education,House Educationand Labor Committee, 101st Cong., 1st Sess. (1989). [September 13]

Americans with DisabilitiesAct: Hearings Before the Subcom- mittee on Surface Transportation,House Public Works and TransportationCommittee, 101st Cong., 1st Sess. (1989).

Americans with Disabilities: Telecommunications Relay Servic- es: Hearing Before the Subcommittee on Telecommunications and Finance, House Energy and Commerce Committee, 101st Cong., 1st Sess. (1989).

Americans with DisabilitiesAct: Hearing Before the Subcom- mittee on Transportation and Hazardous Materials, House Energy and Commerce Committee, 101st Cong., 1st Sess. (1989). 68 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

Hearing on H.R. 2273, Americans with DisabilitiesAct of 1989: Hearings Before the Subcommittee on Select Education, House Education and Labor Committee, 101st Cong., 1st Sess. (1989). Americans with Disabilities Act: Hearings Before the House Small Business Committee, 101st Cong., 2d Sess. (1990).

D. DEBATES

135 Cong. Rec. S10701 (daily ed. Sept. 7, 1989). 136 Cong. Rec. H2410 (daily ed. May 17, 1990). 136 Cong. Rec. H2599 (daily ed. May 22, 1990). 136 Cong. Rec. H3070 (daily ed. May 24, 1990). 136 Cong. Rec. S7422 (daily ed. June 6, 1990). 136 Cong. Rec. H4169 (daily ed. June 26, 1990). 136 Cong. Rec. S9527 (daily ed. July 11, 1990). 136 Cong. Rec. H4582 (daily ed. July 12, 1990). 136 Cong. Rec. S9684 (daily ed. July 13, 1990).

E. EXECUTIVE STATEMENTS

Presidential Remarks and Statement, Pub. Papers 1067-71 (1990).

F. EMPLOYMENT REGULATIONS

Equal Employment Opportunity for Individuals with Disabili- ties, 29 C.F.R. Part 1630 (1992), 56 Fed. Reg. 35726-53 (1991).

Recordkeeping and Reporting Under Title VII and the ADA, 29 C.F.R. Parts 1602 and 1627 (1992), 56 Fed. Reg. 35753-56 (1991).

G. COMPILATIONS

Americans with DisabilitiesAct of 1990: Legislative History. New York: Hughes, Hubbard & Reed, 1991.

Legislative History of Public Law 101-336, the Americans with DisabilitiesAct: Preparedfor the Committee on Education and Labor, U.S. House of Representatives, One Hundred First Con- gress, Second Session. Washington, DC: U.S. Government Printing Office, 1991. 1992] BIBLIOGRAPHY ON EMPLOYMENT AND THE ADA 69

Legislative History of the Americans with Disabilities Act. Washington, DC: Employment Policy Foundation, 1990.

Reams, Bernard D., Peter J. McGovern, Jon S. Schultz, Dis- ability Law in the United States: A Legislative History of the Americans with DisabilitiesAct of 1990, Public Law 101-336. Buffalo, NY: William S. Hein & Co., 1992.

Tysse, John G., ed., The Legislative History of the Americans with DisabilitiesAct. Horsham, PA: LRP Publications, 1991.

IV. BOOKS

Accommodating Disabilities: Business Management Guide. Chicago, IL: Commerce Clearing House, 1992-. This one volume looseleaf covers all aspects of the ADA, with practical sections such as compliance planning check- lists, accessibility guidelines, and a state law correlator. The analysis of employment considerations discusses specific language of the act in light of the "spirit" of the law, with interpretive examples of employee rights and job accommodations. The full text of the law, regulations, and executive orders is included.

The Americans with DisabilitiesAct. Washington, DC: U.S. Department of Justice, Civil Rights Division, Coordination and Review Section, 1991.

The Americans with DisabilitiesAct: A Comprehensive Guide to Title L Alexandria, VA: Society for Human Resource Man- agement, 1992.

The Americans with Disabilities Act: A Practical and Legal Guide to Impact, Enforcement, and Compliance. Washington, DC: Bureau of National Affairs, 1990. This is a special BNA report that covers the social, legal, and legislative history of the ADA, with an important chapter that analyzes the legal implications of specific parts of the act. Numerous employer profiles describe successful company programs for hiring, promoting, and accommodating workers with disabilities.

Americans with Disabilities Act: ADA Compliance Guide. Washington, DC: Thompson Publishing Group, 1990. 70 CORNELL JOURNAL OF LAW AN) PUBLIC POLICY [Vol.2:63

Americans with Disabilities Act: Assuring Compliance, Con- trolling Litigation. Chicago, IL: American Bar Association, 1992.

Americans with DisabilitiesAct Handbook. Washington, DC: U.S. Equal Employment Opportunity Commission and U.S. Department of Justice, 1991. This indispensable handbook is a basic resource document from the federal government on the ADA. Analysis of Title I regulations is offered in the form of "interpretive guidance," and the text of the law and regulations are printed in full. The resource list includes government and non-govern- mental organizations that are concerned with ADA compliance.

Americans with Disabilities Act: Law and Regulations. Horsham, PA: LRP Publications, 1991.

Americans with DisabilitiesAct of 1990: EEOC Regulations: Equal Employment Opportunity for Individuals with Disabili- ties. Chicago, IL: Commerce Clearing House, 1991.

Americans with DisabilitiesAct of 1990: Employment & Access Issues in Private Industry. Harrisburg, PA: Pennsylvania Bar Institute, 1990.

Americans with DisabilitiesAct of 1990: Law and Explanation. Chicago, IL: Commerce Clearing House, 1990.

Americans with DisabilitiesAct of 1990: Selected Regulations. Chicago, IL: Commerce Clearing House, 1991.

The Americans with DisabilitiesAct: Questions and Answers. Washington, DC: U.S. Department of Justice, Civil Rights Division, Office on the Americans with Disabilities Act, 1991.

The Americans with DisabilitiesAct: Your Employment Rights as an Individual with a Disability. Washington, DC: U.S. Equal Employment Opportunity Commission, 1991.

The Americans with DisabilitiesAct: Your Responsibilitiesas an Employer. Washington, DC: U.S. Equal Employment Opportu- nity Commission, 1991. 1992] BIBLIOGRAPHY ON EMPLOYMENT AND THE ADA 71

Americans with Disabilities: Practiceand Compliance Manual. Rochester, NY: Lawyers Cooperative, 1992-. This four volume looseleaf brings together text, forms, statutes, regulations, and ALR annotations pertaining to the civil rights of individuals with disabilities. Specifically, binder two covers employment, with chapters on ADA, veterans, and employment by federal government and federal contractors. The text includes editorial observations, illustrations, and notes useful in analysis of the law. Of particular use to practitioners are the numerous forms for complaints, motions, and interrogatories.

Analysis of the Americans with Disabilities Act and Implementing the EEOC Regulations. New York, NY: Research Institute of America, 1991. Focusing on the employment-related provisions of the ADA and its implementing regulations, this text discusses particular employment practices, prohibitions against discrimination, and procedures for remedying violations. Includes specific illustrations, editorial observations, and cautions.

Bakaly, Charles G., Jr. and Martin D. Schneiderman, co-chmn, The Americans with Disabilities Act. Englewood Cliffs, NJ: Prentice Hall Law & Business, 1990.

Barnhill, Charles [et al.], The Impact of the Americans with DisabilitiesAct: What to Expect, How to Get Ready. Washing- ton, DC: National Legal Center for the Public Interest, 1992.

Blank, Rome, Cosmisky & McCauley and Alexander & Alexan- der Consulting Group, Inc., Advocacy Group and Business Survey on the Americans with DisabilitiesAct. Boston, MA: Warren Gorham Lamont, 1992.

BNA's Americans with Disabilities Act Manual. Washington, DC: Bureau of National Affairs, 1992-. This two volume looseleaf publishes the full text of statutes, regulations, memoranda of counsel from EEOC and NLRB, and has an extensive list of references to debate published in the Congressional Record. It includes a detailed discussion of employment and other provisions of the ADA and covers collective bargaining agreements, workers' compensation, enforcement, and remedies. Descriptions and citations to state disability laws are an important addition. 72 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

Bowe, Frank, Equal Rights for Americans with Disabilities. New York, NY: Franklin Watts, 1992.

CCH's Explanation of the Americans with Disabilities Act of 1990. Chicago, IL: Commerce Clearing House, 1990.

Coleman, John J., III, DisabilityDiscrimination in Employment. New York, NY: Clark Boardman Co., 1991.

A Compliance Guide to the Americans with Disabilities Act. Washington, DC: Employment Policy Foundation, 1991.

Daniels, Mark, Employment Law Guide to the Americans with DisabilitiesAct. Englewood Cliffs, NJ: Prentice Hall Law & Business, 1992-. This looseleaf volume is substantively a compilation of the primary documents of the ADA. This is one source where researchers can find printed together the text of the relevant statutes, regulations, and technical assistance manual. The textual analysis deals with more abstract issues of policy and economics and presents a useful economic justifi- cation for the act.

The Disabled in the Workplace: Analysis of the Americans with DisabilitiesAct. New York, NY: Research Institute of America, 1990.

Eccleston, Stacey M., ed., The Americans with DisabilitiesAct: Implications for Workers' Compensation. Cambridge, MA: Workers' Compensation Research Institute, 1992.

Edwards, Margaret Hart, Alan C. Freeland, and Beau C. Simon, Americans with DisabilitiesAct: A PracticalGuide for Employ- ers. Berkeley, CA: California Continuing Education of the Bar, 1992.

Employer's Guide to the Americans with DisabilitiesAct of 1990. Los Angeles, CA: Castle Publications, 1990.

Esposito, Michael D., Implementing the ADA: A Guide to the New Employment Regulations and How to Comply. Englewood Cliffs, NJ: Maxwell Macmillan, 1991. 1992] BIBLIOGRAPHY ON EMPLOYMENT AND THE ADA 73

Fasman, Zachary D., Mary C. Dollarhide, and Jeffrey M. Hahn, What Business Must Know About the Americans with Disabili- ties Act. Washington, DC: U.S. Chamber of Commerce, 1992.

Feldblum, Chai R., Martin D. Schneiderman, and R. Gauli Silberman, co-chmn, Second Annual Implementing the Ameri- cans with DisabilitiesAct. Englewood Cliffs, NJ: Prentice Hall Law & Business, 1991.

Frierson, James G., Employer's Guide to the Americans with DisabilitiesAct. Washington, DC: Bureau of National Affairs, 1992.

Hancock, William A., ed., Materials on the Americans with DisabilitiesAct. Chesterland, OH: Business Laws, Inc., 1991-.

Irving, John and Timothy Stephenson, ADA Update: EEOC Regulations GoverningEmployment Practices. Washington, DC: National Legal Center for the Public Interest, 1992.

Koral, Alan M. and Bruce McLanahan, co-chmn, Employer Compliance with the Americans with DisabilitiesAct: A Satel- lite Program. New York, NY: Practising Law Institute, 1990.

Lotito, Michael J., The Americans with DisabilitiesAct: Making the ADA Work for You. Northridge, CA: Milt Wright & Associ- ates, 1990.

Marx, Gary S. and Gary G. Goldberger, Disability Law Com- pliance Manual. Boston, MA: Warren Gorham Lamont, 1991.

McCarty, Kathryn Shane, ed., Complying with the Americans with DisabilitiesAct of 1990, Rev. ed. Washington, DC: Na- tional League of Cities, 1991.

Morrissey, Patricia A., Human Resource Executive's Survival Guide to the Americans with Disabilities Act. Horsham, PA: LRP Publications, 1992-.

National Foundation for the Study of Employment Policy, Americans with DisabilitiesAct: ADA: Compliance Manual for the Retail Industry. Washington, DC: National Retail Feder- ation, 1991. 74 CORNELL JouRNAL OF LAW AN) PUBLIC POLICY [Vol.2:63

The New Age in Discrimination Litigation: Americans with DisabilitiesAct and the Civil Rights Act of 1991. Chicago, IL: American Bar Association, General Practice Section, 1991.

1991 National Disability Employment Awareness Month Kit: From ADA to Empowerment: Work, the Key to Opportunity. Washington, D.C.: U.S. Department of Labor, President's Committee on Employment of People with Disabilities, 1991.

Ogletree, Deakins, Nash, Smoak & Stewart, Americans with Disabilities Act: Employee Rights & Employer Obligations. New York, NY: M. Bender, 1992-. This is an important source that synthesizes and analyzes the legislative history, regulations, and the law with questions and answers, examples, and cautions. Coming from a law firm with extensive experience in representing employers, the text discusses how agencies have acted and what discrepancies may exist between stated policies.

Perritt, Henry H., Jr., Americans with DisabilitiesAct Hand- book, 2d ed. New York, NY: Wiley Law Publications, 1991. This is a general handbook on the ADA with well-informed coverage of employer obligations and statutory requirements. Along with reprints of the statute and regulations, there is a knowledgeable discussion of the legislative history and the political process whereby the law was enacted.

Persons with Disabilities: Reports on Costs of Accommodations. Washington, DC: U.S. General Accounting Office, 1990.

Pinnock, Theodore A., ADA Employers' Guide. San Diego, CA: ADA Consulting Services, 1990.

Schneid, Thomas D., The Americans with Disabilities Act: A Practical Guide for Managers. New York, NY: Van Nostrand Reinhold, 1992.

Simmons, Richard J., Employer's Guide to the Americans with DisabilitiesAct of 1990. Los Angeles, CA: Castle Publication, Ltd., 1990. 1992] BIBLIOGRAPHY ON EMPLOYMENT AND THE ADA 75

A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with DisabilitiesAct. Washington, DC: U.S. Equal Employment Opportunity Commission, 1992. The EEOC produced this document as policy guidance for implementation of the employment regulations for the ADA. The manual is available in a looseleaf format, as well as in braille, large print, audiotape, and electronic file on comput- er disk. Part two is a comprehensive resource directory of public and private organizations that provide services related to the employment of people with disabilities.

Trowers-Crowley, S., ADA Primer: A Concise Guide to the Americans with DisabilitiesAct of 1990. Englewood Cliffs, NJ: Maxwell Macmillan, 1990.

Tucker, Bonnie P. and Bruce A. Goldstein, The Americans with DisabilitiesAct of 1990. Horsham, PA: LRP Publications, 1990.

U.S. Equal Employment Opportunity Commission, Americans with Disabilities Act of 1990: EEOC Technical Assistance Manual and Resource Directory. Chicago, IL: Commerce Clearing House, 1992.

U.S. Equal Employment Opportunity Commission, Resource Directoryfor the Americans with DisabilitiesAct. Boston, MA: Warren Gorham Lamont, 1992.

U.S. Equal Employment Opportunity Commission, Technical Assistance Manual for the Americans with Disabilities Act. Boston, MA: Warren Gorham Lamont, 1992.

West, Jane, ed., The Americans with Disabilities Act: From Policy to Practice. New York, NY: Milbank Memorial Fund, 1991. A collection of essays commissioned for this publication, this book synthesizes results of research and analysis on the ADA. Chapters cover the social and policy context of the act, employment strategies for disabled workers, tax credits, and the role of technology in removing barriers.

Wright, Barbara, Martha P. King and the NCSL Task Force on Developmental Disabilities, Americans with Developmental Disabilities: Policy Directions for the State. Denver, CO: Na- tional Conference of State Legislatures, 1991. 76 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

Zimroth, Peter L., chmn, The Americans with DisabilitiesAct: Planning for Compliance. New York, NY: Practicing Law Institute, 1991.

V. JOURNAL ARTICLES

A. GENERAL

1. Articles Providing an Overview of the Employment Title of the Americans with DisabilitiesAct

Allred, Stephen, The Americans with DisabilitiesAct: Some Questions and Answers, 22 School Law Bulletin 6-9 (Winter 1991).

Andrews, Robin, The Americans with DisabilitiesAct of 1990: New Legislation Creates Expansive Rights for the Disabled and Uncertaintiesfor Employers, 21 Cumberland Law Review 629-46 (1991).

Barnard, Thomas H., The Americans with Disabilities Act: Nightmarefor Employers and Dreamfor Lawyers?, 64 St. John's Law Review 229-52 (1990).

Blanck, Peter David, The Emerging Work Force: Empirical Study of the Americans with Disabilities Act, 16 Journal of Corporation Law 693-803 (1992).

Creasman, R. Lee, Jr. and Patricia Greene Butler, Will the Americans with DisabilitiesAct Disable Employers?, 42 Labor Law Journal 52-56 (1991).

Frierson, James G., Does Your Law Office Meet the Require- ments of the Americans with DisabilitiesAct?, 32 Law Office Economics and Management 397-408 (1992).

Galanos, Jean Fitzpatrick and Stephen H. Price, Title I of the Americans with DisabilitiesAct of 1990: Concepts & Consider- ations for State & Local Government Employers, 21 Stetson Law Review 931-83 (1992).

Gannon, Mary T., Employment Law - The Americans with DisabilitiesAct of 1990 and Its Effect Upon Employment Law, 16 Journal of Corporation Law 315-40 (1991). 1992]- BIBLIOGRAPHY ON -EMPLOYmENT AND THE ADA 77

Harkin, Tom, OurNewest Civil Rights Law; The Americans with DisabilitiesAct, 26 Trial 56-61 (December 1990).

Law, Sandra K., The Americans with DisabilitiesAct of 1990: Burden on Business or Dignity for the Disabled?, 30 Duquesne Law Review 99-114 (1991).

Midkiff, Charles F., The Americans with Disabilities Act, 18 Virginia Bar Association Journal 5-11 (1992).

Mikochik, Stephen L., Employment Discrimination Against Americans with Disabilities,11 Mississippi College Law Review 255-62 (1991).

Panken, Peter M., The Disabled and Work: Some Problems Raised and Highlighted by the Americans with DisabilitiesAct of 1990, 11 Journal of the National Association of Administra- tive Law Judges 25-28 (1991).

Parry, John W., The Americans with DisabilitiesAct (ADA), 14 Mental and Physical Disability Law Reporter 292-98 (1990).

Parry, John W., Employment Under the ADA: A National Per- spective, 15 Mental and Physical Disability Law Reporter 525-36 (1991).

Pasek, Jeffrey Ivan, Stephen V. Yarnell, and Mignon D. Klein, Compliance by the Private Sector with the Americans with DisabilitiesAct, 62 Pennsylvania Bar Association Quarterly 139- 50 (1991).

Postol, Lawrence P. and David D. Kadue, An Employer's Guide to the Americans with DisabilitiesAct, 42 Labor Law Journal 323-42 (1991).

Postol, Lawrence P. and David D. Kadue, An Employer's Guide to the Americans with DisabilitiesAct: From Job Qualifications to Reasonable Accommodations, 24 John Marshall Law Review 693-729 (1991).

Powell, Charles A., IV, The Americans with DisabilitiesAct: The Effect of Title I on Employer/Employee Relations, 15 Law and Psychology Review 313-30 (1991). 78 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

Shannon, John T., Americans with DisabilitiesAct: A New Era in Employment Practices, 25 Arkansas Lawyer 35-41 (April 1991).

Stein, Sheryl E., The Americans with DisabilitiesAct, 14 Los Angeles Lawyer 32-35 & 58-64 (September 1991).

Susser, Peter A., The ADA: Dramatically Expanded Federal Rights for Disabled Americans, 16 Employee Relations Law Journal 157-76 (1990).

Thornburgh, Dick, The Americans with DisabilitiesAct: What It Means to All Americans, 64 Temple Law Review 375-85 (1991); also printed in 41 Labor Law Journal 803-07 (1990).

Tucker, Bonnie P., The Americans with Disabilities Act: An Overview, 1989 University of Illinois Law Review 923-39.

2. Articles That Considerthe ADA in the Historic Context of Other Disability and Civil Rights Legislation and Policy

Burgdorf, Robert L., Jr., The Americans with DisabilitiesAct: Analysis and Implications of a Second-Generation Civil Rights Statute, 26 Harvard Civil Rights-Civil Liberties Law Review 413-522 (1991).

Gerson, Herbert E. and J. Gregory Addison, Handicapped DiscriminationLaw and the Americans with DisabilitiesAct, 11 Mississippi College Law Review 233-53 (1991).

Mayerson, Arlene, The Americans with Disabilities Act: An Historic Overview, 7 Labor Lawyer 1-9 (1991).

3. Articles Analyzing EEOC Regulations, Highlighting Areas of ParticularConcern to Employers

Arney, D. Todd, Survey of the Americans with DisabilitiesAct, Title I: With the FinalRegulations In, Are the Criticisms Out?, 31 Washburn Law Journal 522-43 (1992).

Livingston, Donald R., and Michael R. Keller, The ADA Regu- lations; FacilitatingIndividualized Justice for the Disabled, 39 Federal Bar News & Journal 39-43 (1992). 1992] BMLIOGRAPHY ON EMPLOYMENT AND THE ADA 79

Shaller, Elliot H. and Dean A. Rosen, A Guide to EEOC's Final Regulationson the Americans with DisabilitiesAct, 17 Employee Relations Law Journal 405-30 (1991).

B. COMPARISONS WITH OTHER LAWS

1. Articles Providingan Analysis of Cases Brought Under the RehabilitationAct of 1973

Henry, Kathleen D., Civil Rights and the Disabled: A Compar- ison of the RehabilitationAct of 1973 and the Americans with DisabilitiesAct of 1990 in the Employment Setting, 54 Albany Law Review 123-40 (1989).

Hill, Wayne A., Jr., Americans with DisabilitiesAct of 1990: Significant Overlap with Section 504 for Colleges and Univer- sities, 18 Journal of College and University Law 389-417 (1992).

Maffeo, Patricia A., Making Non-Discriminatory Fitness-For- Duty Decisions About Persons with Disabilities Under the RehabilitationAct and the Americans with DisabilitiesAct, 16 American Journal of Law & Medicine 279-326 (1990).

2. Articles Assessing the Impact of the ADA on State Disability Laws

Dominick, Bobbi K., The Americans with DisabilitiesAct: Will It Affect Your Business?, 34 Advocate: Idaho State Bar 11-13 (January 1991).

Ingley, Mary E. and Barbara L. Kornblau, Workers' Compen- sation and the Americans with DisabilitiesAct, 66 Florida Bar Journal 77-81 (June 1992).

Johnson, Michael M., New Rights for the Disabled;Despite the Overlap with State Law, The Americans with DisabilitiesAct Offers Important New Coverage, 11 California Lawyer 63-64 (June 1991).

Schiff, Matthew B. and David L. Miller, The Americans with Disabilities Act: A New Challenge for Employers, 27 Tort & Insurance Law Journal 44-64 (1991). [workers' compensation] 80 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

Stokes, David M., Relief for the Deaf. The Michigan Handicappers' Civil Rights Act and the Americans with Dis- abilitiesAct, 68 University of Detroit Law Review 513-36 (1991).

Szanton, Nathan S., MaineAfter the Americans with Disabilities Act: What's New, What Isn't?, 7 Maine Bar Journal 192-200 (May 1992).

3. Article Offering a PoliticalScience Analysis of Disability Policies and Their Impacts

Holbrook, Thomas M. and Stephen L. Percy, Exploring Varia- tions in State Laws Providing Protections for Persons with Disabilities,45 Western Political Quarterly 201-20 (1992).

C. DISABILITIES

1. Articles Examining the ADA Definition of Disability

Feldblum, Chai R., The Americans with Disabilities Act Defi- nition of Disability, 7 Labor Lawyer 11-26 (1991).

Laponsky, Mark D., Defining "Disability";A Look at the Term Within the Context of the Americans with Disabilities Act, 39 Federal Bar News & Journal 44-45 (1992).

2. Articles Focusing on ADA Protectionfor Workers with ParticularDisabilities

a. AIDS

Benaroya, E. Anne, The ADA and AIDS: How Will Public Law No. 101-336 Affect this New Minority? 39 Federal Bar News & Journal 91-95 (1992).

Fitzpatrick, Robert B. and E. Anne Benaroya, Americans with DisabilitiesAct and AIDS, 8 Labor Lawyer 249-69 (1992).

Neugarten, Joel, The Americans with Disabilities Act: Magic Bullet or Band-Aid for Patientsand Health Care Workers Infect- ed with the Human Immunodeficiency Virus?, 57 Brooklyn Law Review 1277-342 (1992). 1992] BIBLIOGRAPHY ON EMPLOYMENT AND THE ADA 81

Sohlgren, Eric C., GroupHealth Benefits DiscriminationAgainst AIDS Victims: Falling Through the Gaps of Federal Law - ERISA, The RehabilitationAct and the Americans with Disabili- ties Act, 24 Loyola of Los Angeles Law Review 1247-300 (1991).

Wyld, David C. and Sam D. Cappel, AIDS-Related Dementia and the Treatment of AIDS-Affected Individuals Under Chang- ing Employment Law, 42 Labor Law Journal 204-13 (1991).

b. Drug and Alcohol Dependency

Crow, Stephen M., Anti-Drug Programs Under the ADA: Busi- ness as Usual or Harassment of a Protected Class?, 43 Labor Law Journal 117-24 (1992).

Henderson, Reese John, Jr., Addiction as Disability: The Pro- tection of Alcoholics and Drug Addicts Under the Americans with DisabilitiesAct of 1990, 44 Vanderbilt Law Review 713-40 (1991).

Voss, Wendy K., Employing the Alcoholic Under the Americans with DisabilitiesAct of 1990, 33 William and Mary Law Review 895-947 (1992).

c. Mental Disabilities

Milstein, Bonnie, Leonard Rubenstein, and Renee L. Cyr, The Americans with DisabilitiesAct: A Breathtaking Promise for People with Mental Disabilities,24 Clearinghouse Review 1240- 49 (1991).

d. Smokers

Goh, Jimmy, "Smokers Need Not Apply": 'ChallengingEmploy- ment DiscriminationAgainst Smokers Under the Americans with DisabilitiesAct, 39 University of Kansas Law Review 817-43 (1991).

D. ENFORCEMENT

Arterton, Janet Bond, and Gary E. Phelan, ForAmericans with Disabilities, a New Door Opens, 28 Trial 42-47 (July 1992). [plaintiffs lawyer litigation strategies] 82 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

Bleyer, Kristi, The Americans with DisabilitiesAct: Enforce- ment Mechanisms, 16 Mental and Physical Disability Law Reporter 347-50 (1992).

Davenport, G. William, The Americans with DisabilitiesAct: An Appraisal of the Major Employment-Related Compliance and Litigation Issues, 43 Alabama Law Review 307-41 (1992). [EEOC trial attorney uses hypotheticals to illustrate application of the ADA and the regulations]

Stein, Robert E., A New "Bill of Rights" for Millions: *The Americans with DisabilitiesAct of 1990, 46 Arbitration Journal 6-15 (1991). [alternative dispute resolution]

E. REASONABLE ACCOMMODATION AND UNDUE HARDSHIP

1. What Constitutes "ReasonableAccommodation" to Employee Disabilitiesand "Undue Hardship"for Employers is the Biggest Issue in ADA Literature

Brandfield, Julie, Undue Hardship: Title I of the Americans with DisabilitiesAct, 59 Fordham Law Review 113-33 (1990).

Burstein, James A., What is "Reasonable Accommodation" Under the Americans with DisabilitiesAct?, 38 Practical Lawyer 63-68 (July 1992).

Cooper, Jeffrey 0., Overcoming Barriers to Employment: The Meaning of ReasonableAccommodation and Undue Hardshipin the Americans with Disabilities Act, 139 University of Pennsylvania Law Review 1423-68 (1991).

Crespi, Gregory S., Efficiency Rejected: Evaluating "Undue Hardship"Claims under the Americans with DisabilitiesAct, 26 Tulsa Law Journal 1-36 (1990).

Cyr, Renee L., The Americans with DisabilitiesAct: Implica- tions for Job Reassignment and the Treatment of Hypersusceptible Employees, 57 Brooklyn Law Review 1237-75 (1992). 1992] BIBLIOGRAPHY ON EMPLOYMENT AND THE ADA 83

Fitzpatrick, Robert B., Reasonable Accommodation and Undue Hardship Under the ADA; Selected Issues, 39 Federal Bar News & Journal 69-75 (1992).

Frierson, James G., An Employer's Dilemma: The ADA's Provi- sions on Reasonable Accommodation and Confidentiality, 43 Labor Law Journal 308-12 (1992).

Gardner, Russell H. and Carolyn J. Campanella, The Undue Hardship Defense to the Reasonable Accommodation Require- ment of the Americans with DisabilitiesAct of 1990, 7 Labor Lawyer 37-51 (1991).

Kelly, Eileen P. and Robert J. Alberts, Americans with Dis- abilitiesAct: Undue Hardshipfor PrivateSector Employers?, 41 Labor Law Journal 675-84 (1990).

Lavelle, Lisa A., The Duty to Accommodate: Will Title I of the Americans with Disabilities Act Emancipate Individuals with Disabilities Only to Disable Small Business?, 66 Notre Dame Law Review 1135-94 (1991).

Murphy, Rosalie K., Reasonable Accommodation and Employ- ment DiscriminationUnder Title I of the Americans with Dis- abilities Act, 64 Southern California Law Review 1607-44 (1991).

Shaller, Elliot H., "Reasonable Accommodation" Under the Americans with Disabilities Act - What Does It Mean?, 16 Employee Relations Law Journal 431-51 (1991).

Stine, Margaret E., Reasonable Accommodation and Undue Hardship Under the Americans with DisabilitiesAct of 1990, 37 South Dakota Law Review 97-120 (1992).

Stuhlbarg, Steven F., Reasonable Accommodation Under the Americans with Disabilities Act: How Much Must One Do Before Hardship Turns Undue?, 59 University of Cincinnati Law Review 1311-48 (1991).

Weirich, C. Geoffrey, Reasonable Accommodation Under the Americans with DisabilitiesAct, 7 Labor Lawyer 27-36 (1991). 84 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

F. ISSUES OF SPECIAL CONCERN TO EMPLOYERS

1. Collective BargainingAgreements

Ervin, Joanne Jocha, Reasonable Accommodation and the Collective Bargaining Agreement Under the Americans with DisabilitiesAct of 1990, 1991 Detroit College of Law Review 925-72.

Smith, Jules L., Accommodating the Americans with Disabilities Act to Collective Bargaining Obligations Under the NLRA, 18 Employee Relations Law Journal 273-85 (1992).

2. Hiring and Compliance

Esposito, Michael D., Access for the Disabled;Gearing Up for the Americans with DisabilitiesAct, 17 Law Practice Management 28-34 (October 1991).

Frierson, James G., The Most SignificantEmployment Discrimi- nation Law in Over 20 Years, 9 Preventive Law Reporter 3-8 (December 1990).

Frierson, James G., Americans with DisabilitiesAct: Compli- ance Audit: Preventive Law Advice Must Go Beyond the Legal Rules, 10 Preventive Law Reporter 6-14 (December 1991).

Frierson, James G., An Analysis of ADA Provisions on Denying Employment Because of a Risk of Future Injury, 17 Employee Relations Law Journal 603-22 (1992).

Gordon, Philip L., The Job Application Process after the Amer- icans with DisabilitiesAct, 18 Employee Relations Law Journal 185-213 (1992).

Irby, Peyton S., Jr., The ADA: The Employer's Perspective, 11 Mississippi College Law Review 263-70 (1991).

Kerner, Benjamin A., The Americans with DisabilitiesAct of 1990: New Challengesfor Labor and Management, 1991 Detroit College of Law Review 891-924. 1992] BIBLIOGRAPHY ON EMPLOYMENT AND THE ADA 85

Kohl, John P. and Paul S. Greenlaw, The Americans with DisabilitiesAct of 1990: Implications for Managers, 33 Sloan Management Review 87-90 (1992).

Phelan, Gary E., Essential Functions of a Job Under the ADA; Determining if a Disabled Individual is "Qualified",39 Federal Bar News & Journal 46 & 63-65 (1992).

Sampson, Richard T., The Job DescriptionDefense: What Is It?, 39 Federal Bar News & Journal 67-68 (1992).

Silvestri, Stephen M. and Deborah L. Zimic, An Employer's Compliance Checklist; A Look at the PracticalAspects of Com- pliance with the ADA from an Employer's Perspective, 39 Fed- eral Bar News & Journal 76-80 (1992).

3. Insurance

Ackourey, Kimberly A., Insuring Americans with Disabilities: How FarCan Congress Go To Protect TraditionalPractices?, 40 Emory Law Journal 1183-225 (1991).

Koen, Clifford M., Jr., Sandra J. Hartman and Stephen M. Crow, HealthInsurance: The ADA's Missing Link, 70 Personnel Journal 82-87 (1991).

Lorber, Lawrence Z. and Kenneth J. Raphael, Insurance Pro- visions Under the ADA; How Will it Impact Employee Benefits?, 39 Federal Bar News & Journal 87-89 (1992).

Woods, Karen E., Impact of the ADA on Employer-Provided Insurance: Limiting the Potential FinancialBurden of Health Care for AIDS Victims, 8 Labor Lawyer 271-87 (1992).

4. Medical Examinations

Feldblum, Chai R., Medical Examinations and Inquiries Under the Americans with DisabilitiesAct: A View from the Inside, 64 Temple Law Review 521-49 (1991).

Richards, Edward P. and Katharine C. Rathbun, Does the ADA Mean No More Medical Examinationsfor DisabledEmployees?, 10 Preventive Law Reporter 14-17 (December 1991). 86 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol.2:63

Rothstein, Mark A., Genetic Discriminationin Employment and the Americans with DisabilitiesAct, 29 Houston Law Review 23- 84 (1992).

Zeitz, Kathleen, Employer Genetic Testing: A Legitimate Screening Device or Another Method of Discrimination?, 42 Labor Law Journal 230-38 (1991).

G. CONSTITUTIONAL ISSUES AND JUDICIAL REvIEw

1. Articles Emphasizing Analysis of Court Decisions and Standards of Review Which May Be Applied in ADA Lawsuits

Higginbotham, Jeffrey, The Americans with DisabilitiesAct, 12 Hamline Journal of Public Law and Policy 217-29 (1991).

Kemp, Evan J., Jr. and Christopher G. Ball, A Labor Lawyer's Guide to the Americans with DisabilitiesAct of 1990, 15 Nova Law Review 31-65 (1991).

Massengill, Douglas and Harvey R. Boller, Violations of the Americans with Disabilities Act: Who Bears the Burden of Proof?., 17 Employee Relations Law Journal 225-35 (1991).

Mayerson, Arlene, Title I: Employment Provisions of the Amer- icans with Disabilities Act, 64 Temple Law Review 499-520 (1991).

Mikochik, Stephen L., The Constitutionand the Americans with DisabilitiesAct: Some First Impressions, 64 Temple Law Re- view 619-28 (1991).

Morin, Elizabeth Clark, Americans with DisabilitiesAct of 1990: Social IntegrationThrough Employment, 40 Catholic University Law Review 189-213 (1990).

O'Toole, Neil D., The ADA: Strict Scrutiny Protection for Dis- abled Workers, 21 Colorado Lawyer 733-36 (1992).

Rains, Robert E., A Pre-Historyof the Americans with Disabil- ities Act and Some Initial Thoughts as to Its Constitutional Implications, 11 Saint Louis University Public Law Review 185- 202 (1992). 1992] BIBLIOGRAPHY ON EMPLOYMENT AN]D THE ADA 87

Sedey, Mary Anne, The Threat to Safety Defense Under the Americans with Disabilities Act; Its Source, Surrounding Caselaw, and Interpretation,39 Federal Bar News & Journal 96-99 (1992).

Smith, Jules L., An Employee Compliance Checklist; The Em- ployment Provisions of the ADA, 39 Federal Bar News & Jour- nal 81-86 (1992).

Weatherspoon, Floyd D., The Americans with DisabilitiesAct of 1990: Title I and Its Impact on Employment Decisions, 16 Vermont Law Review 263-302 (1991).

Wilson, Michael D., Defenses to DiscriminationActions Filed Under the Americans with DisabilitiesAct, 42 Labor Law Jour- nal 732-46 (1991).

Zappa, James M., The Americans with DisabilitiesAct of 1990: Improving JudicialDeterminations of Whether an Individual is "Substantially Limited," 75 Minnesota Law Review 1303-37 (1991).

H. BIBLIOGRAPHIES

Bibliography: Selected Sources Used, 1 CQ Researcher 1012-15 (1991).

Jacobs, Daniel J., Americans with DisabilitiesAct of 1990: A Selective Bibliography, 46 Record of the Association of the Bar of the City of New York 823-30 (1991).

Where to Turn for Additional Informationon the Americans with DisabilitiesAct: A List of Resources for Technical Assistance and a Bibliography of Related Publications, 39 Federal Bar News & Journal 104-05 (1992).