Mahusky No Title

• Jurisdiction: Vermont,United States
• Citation: Vol. 2002 No. 06
• Publication year: 2002

Vermont Bar Journal 2002.

June 2002. Mahusky No Title

SPECIAL FOCUS: DISABILITY LAW INTRODUCTION

Guest Editors: Marilyn A. Mahusky, Esq. & Joseph A. Reinert, Esq.

The Disability Law Committee of the Vermont Bar Association is pleased to author a series of articles dedicated exclusively to disability-related issues. The articles cover a broad range of issues. A survey of recent United States Supreme Court decisions shows that the Court has narrowed the application of the Americans with Disabilities Act ("ADA") in the employment context in terms of obtaining damages against public employers for redress of arguably discriminatory practices, and in terms of who may be considered disabled and consequently protected by the Act; on the other hand, the Court has affirmed the principle that an individualized inquiry must be made to determine whether a particular modification is reasonable and necessary in the public accommodations context. Another article uses restricting access to attorney's fees for a prevailing party, and the impact of this restriction on an individual's access to counsel for the redress of civil rights violations, including disability rights. In...