Disability rights

  • February 28, 2012

    by Jeremy Leaming

    The nation lost one of its leading advocates for the less fortunate and for equality with the death of Michael A. Rothenberg, longtime head of the New York Lawyers for the Public Interest (NYLPI).

    Rothenberg, who served as the executive director of NYLPI, was found dead at the age of 47 on Feb. 23. The cause of death was a fall from the roof of a building in Brooklyn. The Brooklyn Daily Eagle reports that the New York Police Department found his body on “a terrace at 100 Jay St., after he had apparently fallen from the roof.”

    The Daily Eagle noted that after graduating from the New York University Law School, he “became a litigator in the housing unit of Brooklyn Legal Services. He then won a fellowship at the Rockefeller Family Foundation, and subsequently worked on jury reform at the Vera Institute of Justice. He joined New York Lawyers for the Public Interest (NYLPI) as associate director in 1997.”

    He told the NYU Law Review, the Eagle reports, that his goal was “to create a center where lawyers and community organizers can come together to create lasting social change for people in communities in need.”

  • February 9, 2012
    BookTalk
    Intersexuality and the Law
    Why Sex Matters
    By: 
    Julie A. Greenberg

    By Julie A. Greenberg, a professor at Thomas Jefferson School of Law


    The term "intersex" evokes diverse images, typically of people who are both male and female or neither male nor female. Neither vision is accurate. The millions of people with an intersex condition, or a DSD (difference of sex development), are men and women whose sex chromosomes, gonads, or sex anatomy do not fit clearly into the male/female binary norm. Until recently, intersex conditions were shrouded in shame and secrecy; many adults were unaware that they had been born with an intersex condition and those who did know were advised to hide the truth. Current medical protocols and societal treatment of people with a DSD are based on false stereotypes about sex, gender, sexual orientation, gender identity, and disability, which create unique challenges to framing effective legal claims and building a strong cohesive movement. (For some of my earlier work on this topic, see http://ssrn.com/author=252410.)

    Intersexuality and the Law: Why Sex Matters examines the role that legal institutions can play in protecting the rights of people with a DSD. The first part of the book explains the sex, gender, and disability assumptions underlying the current medical protocol for the treatment of infants born with an intersex condition. Although most intersex conditions are not disabling, pose no physical risk, and require no medical intervention, infants with these conditions often are subjected to invasive cosmetic surgeries to alter their genitalia so that their bodies conform to a binary sex norm. These surgeries provide no medical benefit and have not been proven to enhance the child’s psychological well-being, but they can lead to a number of problems. They can render women incapable of experiencing an orgasm. They may also result in infection, scarring, incontinence, and other severe physical complications and emotional trauma.

    The major goal of the intersex movement is to challenge these medical practices. In addition, the intersex movement is also concerned that people with an intersex condition whose gender identity does not match the sex assigned to them at birth will face the same legal obstacles confronting transgender people. Sometimes, government authorities refuse to recognize their self-identified gender as their legal sex for purposes of marriage, identity documents, and appropriate housing and restroom use.

  • January 11, 2012
    Guest Post

    By Sarah Crawford, Director of Workplace Fairness, National Partnership for Women & Families


    The U.S. Supreme Court is hearing oral argument today in Coleman v. Maryland Court of Appeals – a case that could erode the right of millions of state workers to take job-protected, unpaid leave under the Family and Medical Leave Act (FMLA) when faced with a serious illness.

    The FMLA set an important family and medical leave standard that guarantees eligible workers – both women and men – up to 12 weeks of job-protected, unpaid leave to recover from a serious illness or medical condition, including pregnancy or childbirth, or to care for a newborn, a newly adopted child or a seriously ill family member. The FMLA offered leave on a gender-neutral basis rather than creating a special right to self-care leave for medical illness surrounding pregnancy, in part to avoid creating perverse incentives for further discrimination against women.

    Since its enactment 18 years ago, workers have used the FMLA more than 100 million times. The law has helped workers disabled by pregnancy or recovering from childbirth, workers with new babies and dying parents, workers who have had heart attacks and hysterectomies – in short, workers for whom job-protected leave is of critical importance. An adverse decision from the Supreme Court could put access to FMLA self-care leave at risk for millions of state workers. At stake is their fundamental right to take time off to address their own serious medical needs, including pregnancy and childbirth.

    Petitioner Daniel Coleman was working for a Maryland court when his doctor ordered bed rest due to serious illness. Within hours of requesting medical leave, Coleman was fired. He then filed a lawsuit alleging a violation of the FMLA. Contrary to the plain language of the statute, the lower courts ruled that the state of Maryland could not be sued for monetary damages under the FMLA’s self-care provision.

  • November 11, 2011

    by Nicole Flatow

    To address increasing concern about restrictive new state voting laws, several House members are hosting a forum Monday, featuring leading legal and civil rights leaders.

    The forum, “Excluded from Democracy: The Impact of Recent State Voting Law Changes,” will consider these laws’ potential to decrease voter participation and access to the ballot, especially for minority, low-income, elderly and student voters. According to a widely publicized report by the Brennan Center for Justice, laws passed in 14 states that require photo IDs, eliminate early voting and same-day registration, and impose other restrictions “could make it significantly harder for more than five million eligible voters to cast ballots in 2012.”

    “We are in a moment right now where we are seeing the most aggressive attempt to roll back voting rights in this country that we’ve seen in over a century,” said NAACP President and CEO Ben Jealous, who will speak at the forum Monday, in a video about the cause and impact of the state voting laws by the Brave New Foundation and the Advancement Project.

    Last week, two of the House members hosting the forum, House Democratic Whip Steny Hoyer (D-Md.) and House Administration Committee Ranking Member Robert Brady (D-Pa.), sent a letter signed by nearly 200 of their colleagues, calling on state officials “to oppose new state measures adopted over the last year that would make it harder for eligible voters to register or vote.”

    Two other hosts of the forum, House Judiciary Committee Ranking Member John Conyers (D-Mich.) and House Judiciary Constitution Subcommittee Ranking Member Jerrold Nadler (D-N.Y.) called on the House Judiciary Committee to conduct hearings on the restrictive new measures.

    Participants in the forum will include:

  • September 7, 2011
    Guest Post

    By Gary C. Norman, a Commissioner of the Maryland Civil Rights Commission


    Accessible parking, seating and restrooms at theaters, curb cuts, and an ever-increasing presence of assistance dogs in public venues constitute but a few examples of the outcomes of a “comprehensive declaration of equality”, the Americans with Disabilities Act of 1990, as amended, and its corollary statutory schemes enacted in the several states. The majority of people with or without disabilities desire to be integral to the social fabric of their community, to age in place within their homes and to participate in the social life of their neighborhoods. The 2010 survey entitled, The ADA, 20 Years Later, revealed that people with disabilities still constitute the poorest members of our communities, bereft of equal opportunities for living, learning, and earning. Therefore, my concise set of thoughts contained below will provide one strategy to ensure that people with disabilities of any age and older adults who may not self-identify as being disabled have the same access to these fundamental privileges, fostering their inclusion in communities.

    In the experience of this attorney and Civil Rights Commissioner with a disability, there is continued need for translation of this law enacted 21 summers ago into practice in a way that maximizes the integration of the largest and poorest minority population in our neighborhoods, people with disabilities.  For there to be a genuine translation of the law into daily acceptance and compliance, people with disabilities of any age need to be regularly visible and active within the marketplace, the workplace, and in the schoolhouse. A personal regular experience might clarify this point. Partnered with a guide dog, it is rare that my wife and I observe more than just us and my furry sidekick Pilot at an upscale bistro, spa, or hotel. An approach that this Civil Rights Commissioner believes states should increasingly apply to ensure that more and more of our citizens can be fully integrated or “age in place” is property tax forgiveness to homeowners with disabilities of any age or homeowners with military or first responder related service disabilities.