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Disabled Persons

Legal Rights of Persons’ with Disabilities

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California and Federal Law

This handbook discusses both California and federal laws that protect the rights of individuals with disabilities. California and federal law should be examined together to get a complete picture of the law on a particular topic. In some areas California law provides more legal protection or is more comprehensive; in other areas, federal law is more helpful.

Statutes, Regulations, and Cases

"The law" usually consists of a combination of statutes, regulations, and cases. Statutes are laws passed by legislators either in the state Capitol or in Congress. Statutes are generally fairly short and often do not describe the details of how the law will be enforced or what specifically will constitute a violation of law.

Various government agencies are often charged with developing regulations to carry out the mandates of statutes. These regulations usually describe the "nuts and bolts" of a statute's administration.

Finally, when cases go to court, judges issue opinions which resolve disputes in interpreting statutes and regulations.

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To Combat Disability Hate Crime, We Must Understand Why People Commit It

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After the Equality and Human Rights Commission 2011 report on disability hate crime, Hidden in Plain Sight, the government agreed to publish perpetrator analysis. Yet despite repeated requests it has not. So the Disability Hate Crime Network, a voluntary group campaigning against the crime, carried out a small, online survey of 100 disabled people last month to ask them more about the perpetrators of hate crimes. We asked about the gender, race and age of the attackers, location of the incident, whether the attacker acted alone or in a group, and about perceived motivation.

More than half of respondents (57%) said they were attacked on the street, and one-fifth on public transport. A quarter of incidents occurred at home. Other people were attacked in pubs and shops, with some mentioning social media. Perpetrators were overwhelmingly white.

Around half (49%) of all attacks were group based...

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PERSPECTIVES: The Reservation Wages of Social Security Disability Insurance Beneficiaries

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Background

In the economics literature, the term "reservation wage" has been used with two different meanings. In the job search literature, the term refers to the lowest wage a person would accept if the person has to pay a positive sum to gain another job offer from a wage distribution (Mortensen 1986). In the labor supply literature (Killingsworth 1983), it has been used as the lowest wage at which a person will work, which has also been referred to as the "asking wage." In this article, the reservation wage is not used within the context of the job search literature given that most DI beneficiaries do not search for jobs (Hennessey and Muller 1994). Instead, the reservation wage is used in the same sense as that of the labor supply literature, as detailed below.

In the standard labor leisure choice model of the labor supply literature, individuals,,,

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Manipulating Disability, Accommodation, And Outcomes: Peer Perceptions Of Accommodation Unfairness

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Abstract

The Americans with Disabilities Act requires that some disabilities be accommodated to provide equal opportunity for workers with disabilities. However, if accommodations are seen as unfair, coworkers may refuse to cooperate with the accommodation recipient or may cause other problematic outcomes for that person or the organization, thereby jeopardizing the goals of the ADA. A study was conducted to determine how perceptions of unfairness were related to type of accommodation, disability, and possible task outcomes. The study results indicated that there were perceptions of unfairness when persons with disabilities were accommodated, particularly when the accommodation was viewed as reducing the inputs of the persons receiving it and when the accommodated person subsequently won the task. As expected, the interaction between receiving a useful accommodation and having the accommodated person subsequently win was also significant in producing even greater perceptions of unfairness.

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