The Americans with Disabilities Act of 1990 or ADA is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.
In common-law legal systems, laches is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity. It is an unreasonable delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. It is often understood in comparison to a statute of limitations, a statutory defense, which traditionally is a defense to a claim "at law".
Copyright misuse is an equitable defence to copyright infringement in the United States based upon the doctrine of unclean hands. The misuse doctrine provides that the copyright holder engaged in abusive or improper conduct in exploiting or enforcing the copyright will be precluded from enforcing his rights against the infringer. Copyright misuse is often comparable to and draws from the older and more established doctrine of patent misuse, which bars a patentee from obtaining relief for infringement when he extends his patent rights beyond the limited monopoly conferred by the law.
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.
Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry, 494 U.S. 558 (1990), was a case in which the United States Supreme Court held that an action by an employee for a breach of a labor union's duty of fair representation entitled him to a jury trial under the Seventh Amendment.
Dennis G. Jacobs is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit.
National Federation of the Blind v. Target Corporation, 452 F. Supp. 2d 946, was a class action lawsuit in the United States that was filed on February 7, 2006, in the Superior Court of California for the County of Alameda, and subsequently moved to federal court. The case challenged whether the Americans with Disabilities Act of 1990, specifically Title III's provisions prohibiting discrimination by "places of public accommodation", apply to websites and/or the Internet, or are restricted to physical places.
In employment law, a bona fide occupational qualification (BFOQ) (US), bona fide occupational requirement (BFOR) (Canada), or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in violation of civil rights employment law. Such qualifications must be listed in the employment offering.
A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or employment-related, and law often mandates them. Each country has its own system of reasonable accommodations. The United Nations use this term in the Convention on the Rights of Persons with Disabilities, saying refusal to make accommodation results in discrimination. It defines a "reasonable accommodation" as:
... necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
An emotional support animal (ESA) is an animal that provides support to individuals with a mental health or psychiatric disability. Emotional support animals are not required to be trained. Any animal that provides support, comfort, or aid, to an individual through companionship, unconditional positive regard, and affection may be regarded as an emotional support animal.
Section 504 of the Rehabilitation Act of 1973 is American legislation that guarantees certain rights to people with disabilities. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities. It set precedents for subsequent legislation for people with disabilities, including the Americans with Disabilities Act in 1990.
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 the 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 the Americans with Disabilities Act (ADA) is 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".
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant be brought into court to determine if there is probable cause for holding the suspect in custody. The majority held that suspects must generally be granted a probable cause determination within 48 hours of arrest. The dissent believed that probable cause hearings should generally be provided much sooner, as soon as the police complete the administrative steps incident to arrest.
This disability rights timeline lists events relating to the civil rights of people with disabilities in the United States of America, including court decisions, the passage of legislation, activists' actions, significant abuses of people with disabilities, and the founding of various organizations. Although the disability rights movement itself began in the 1960s, advocacy for the rights of people with disabilities started much earlier and continues to the present.
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.
Maryland v. King, 569 U.S. 435 (2013), was a decision of the United States Supreme Court which held that a cheek swab of an arrestee's DNA is comparable to fingerprinting and therefore, a legal police booking procedure that is reasonable under the Fourth Amendment.
United States v. Terminal Railroad Association, 224 U.S. 383 (1912), is the first case in which the United States Supreme Court held it a violation of the antitrust laws to refuse to a competitor access to a facility necessary for entering or remaining in the market. In this case a combination of firms was carrying out the restrictive practice, rather than a single firm, which made the conduct susceptible to challenge under section 1 of the Sherman Act rather than under the heightened standard of section 2 of that act. Even so, the case was brought under both sections.
Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993), is a US labor law case in which the Supreme Court of the United States clarified the definition of a "hostile" or "abusive" work environment under Title VII of the Civil Rights Act of 1964. In a unanimous opinion written by Justice Sandra Day O'Connor, the Court held that a determination about whether a work environment is hostile or abusive requires a consideration of all relevant circumstances.
Halpern v. Wake Forest University Health Sciences was a court case in which the United States Court of Appeals for the Fourth Circuit upheld a lower court's decision to grant summary judgment in favor of Wake Forest University Health Sciences. The medical school expelled a student due to ongoing unprofessional conduct, which the student attributed to ADHD and anxiety disorder. The court held that professionalism was an essential requirement of a medical school program in part because "inappropriate and disruptive behavior by physicians increases adverse patient outcomes".
