GLBTQ Legal Advocates & Defenders (GLAD) is a non-profit legal rights organization in the United States. The organization works to end discrimination based on sexual orientation, HIV status, and gender identity and expression. The organization primarily achieves this goal through litigation, advocacy, and education work in all areas of LGBT rights and the rights of people living with HIV. In addition, GLAD operates a legal information line, GLAD Answers, where LGBTQ & HIV+ residents of New England can receive attorney referrals and information about their rights. The organization changed its name to GLBTQ Legal Advocates & Defenders in February 2016.
Tennessee v. Lane, 541 U.S. 509 (2004), was a case in the Supreme Court of the United States involving Congress's enforcement powers under section 5 of the Fourteenth Amendment.
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001), was a United States Supreme Court case about Congress's enforcement powers under the Fourteenth Amendment to the United States Constitution. The Supreme Court decided that Title I of the Americans with Disabilities Act was unconstitutional, insofar as it allowed states to be sued by private citizens for money damages.
Strauder v. West Virginia, 100 U.S. 303 (1880), was a United States Supreme Court case about racial discrimination and United States constitutional criminal procedure. Strauder was the first instance where the Supreme Court reversed a state court decision denying a defendant's motion to remove his criminal trial to federal court pursuant to Section 3 of the Civil Rights Act of 1866.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religious, creed, or individual political opinions.
The Pregnancy Discrimination Act (PDA) of 1978 is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy."
Free Appropriate Public Education (FAPE) is an educational right of all children in the United States that is guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA). Under Section 504, FAPE is defined as, "...the provision of regular or special education and related aids and services that are designed to meet individual needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and are based on adherence to procedures that satisfy the requirements of" the section. Under the IDEA, FAPE is defined as an educational program that is individualized to a specific child, that meets that child's unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefit. The United States Department of Education issues regulations that define and govern the provision of FAPE.
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), was a case in which the Supreme Court of the United States interpreted the meaning of the phrase "substantially impairs" as used in the Americans with Disabilities Act of 1990. It reversed the decision by the Court of Appeals to grant a partial summary judgment in favor of the respondent, Ella Williams, that had qualified her inability to perform manual job-related tasks as a disability.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state and federal laws, particularly the Civil Rights Act of 1964, as well as in the ordinances of counties and municipalities. These laws prohibit discrimination based on certain characteristics or protected categories. The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
The California Fair Employment and Housing Act of 1959, codified as Government Code §§12900 - 12996, is a California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing, which was passed on September 18, 1959.
The Vocational Rehabilitation Act of 1973 Title V, was put in place to correct the problem of discrimination against people with disabilities in the United States. Affirmative action programs were established in Title V, Sections 501, 502, 503, and 504. Individuals who qualify as having a disability have experienced discrimination both because of negative attitudes in regard to their ability to be an effective employee, as well as the physical barriers at work facilities. The Title V of the Vocational Rehabilitation Act requires private employers with federal contracts over $2,500 to take affirmative action to hire individuals with a mental or physical disability. While this means that employers must make reasonable accommodations for disabled employees, it does not mean they must hire unqualified individuals. There are additional sections of the Act that provide vocational counseling, training assistance and job placement for individuals with severe disabilities
An emotional support animal (ESA), assistance animal, or support animal, is a companion animal that a medical professional says provides some benefit for a person disabled by a mental health condition or emotional disorder. Emotional support animals are typically dogs, but are sometimes cats or other animals.
Olmstead v. L.C., 527 U.S. 581 (1999), is a United States Supreme Court case regarding discrimination against people with mental disabilities. The Supreme Court held that under the Americans with Disabilities Act, individuals with mental disabilities have the right to live in the community rather than in institutions if, in the words of the opinion of the Court, "the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities." The case was brought by the Atlanta Legal Aid Society, Inc.
The ADA Amendments Act of 2008 is an Act of Congress, effective January 1, 2009, that amended the Americans with Disabilities Act of 1990 (ADA) and other disability nondiscrimination laws at the Federal level of the United States.
United States v. Georgia, 546 U.S. 151 (2006), was a United States Supreme Court case in which the Court decided that the protection of Americans with Disabilities Act of 1990 (ADA), passed by the U.S. Congress, extends to persons held in a state prison and protects prison inmates from discrimination on the basis of disability by prison personnel. Specifically, the court held that Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131–12165., is a proper use of Congressional power under the Fourteenth Amendment, Section 5, making it applicable to prison system officials.
Access Now, Inc. v. Southwest Airlines Co., 227 F. Supp. 2d 1312, was a decision of the United States District Court on 18 August 2002. It concerned the nature of Title III of Americans with Disabilities Act of 1990. The court determined that Southwest Airlines website is not a “place of public accommodation” as defined in Title III of the Americans with Disabilities Act of 1990. The case determined that the Southwest Airlines internet website was not in violation of the Americans with Disabilities Act of 1990 as Americans with Disabilities Act (ADA) concerned with a physical existence and hence cannot govern what it is in cyberspace. Judge Seitz also explained that the “virtual ticket counter” Southwest Airlines Co’s website was a virtual construct and hence not a “public place of accommodation” and as such “To expand the ADA to cover "virtual" spaces would be to create new rights without well-defined standards".
Ouellette v. Viacom, No. 9:10-cv-00133; 2011 WL 1882780, found the safe harbor provision of the Digital Millennium Copyright Act (DMCA) did not create liability for service providers that take down non-infringing works. This case limited the claims that can be filed against service providers by establishing immunity for service providers' takedown of fair use material, at least from grounds under the DMCA. The court left open whether another "independent basis of liability" could serve as legal grounds for an inappropriate takedown. Thus, service providers can rest easier knowing that they do not have to do a fair use analysis of content suspected of infringing copyright.
