Foundational Concepts

Question 1

Buck v. Bell (1927)

Answer 1

Supreme Court upheld forced sterilization of people with disabilities

-Underlying eugenic justifications

-Has never been formally overturned

-Manifestations of eugenic ideology continue (COVID-19 pandemic, ongoing sterilization)

Question 2

Medical Model:

Answer 2

Disability as individual pathology requiring cure/treatment

Question 3

Social Model:

Answer 3

-Disability created by social barriers and exclusion

-Focus on removing environmental and attitudinal barriers

-Integration and accommodation

Question 4

Three-Prong Definition of Disability (42 U.S.C. § 12102)

Answer 4

1. Actual disability: Physical or mental impairment that substantially limits one or more major life activities
2. Record of disability: A record of such an impairment
3. Regarded as disabled: Being regarded as having such an impairment

Question 5

Rodriguez-Alvarez v. Diaz:

Answer 5

Issue: How much medical evidence is required to establish “substantial limitation”?

Holding:
Plaintiff’s HIV diagnosis may qualify, but evidence was weak.
Notes: Plaintiffs often still need medical documentation — a vestige of the medical model.

Professor’s takeaway: ADAAA broadened coverage, but courts still require individualized proof.

Question 6

“Regarded As” Prong (Post-ADAAA) definition/what 2 things does it NOT apply to?:

Answer 6

Subjected to prohibited action because of actual or perceived impairment

Does NOT apply to:
1. Transitory and
2. Minor impairments (6 months or less)

NOTE:
No reasonable accommodation required for those meeting definition solely under “regarded as” prong (42 U.S.C. § 12201(h))

Question 7

Why is Cleburne central to Disability Law?

Answer 7

It establishes the constitutional baseline: Disability claims get very weak protection under EPC.

Therefore, statutory law (ADA, §504, IDEA) becomes the primary vehicle for disability rights.

Cleburne is the starting point for understanding why:

1. ADA uses accommodation model, not equal-treatment model
2. Courts often default to medicalized understandings
3. Social-model reasoning remains under-adopted in constitutional doctrine

Question 8

First Prong of ADA definition of “disability” - Actual Disability (3 elements):

Answer 8

Actual disability:
1. Impairment that causes

2. Substantial limitation of
3. Major life activity

Question 9

Record of Disability - definition and examples)

Answer 9

2nd prong of “actual disability” - Used when employer discriminates because of history rather than current impairment.

Question 10

Regarded As (2 elements, 2 limitations):

Answer 10

Plaintiff must show:

1. Employer took adverse action because of an actual or perceived impairment,
2. Regardless of whether impairment is substantially limiting.

Two major limitations:

1. No entitlement to reasonable accommodations under regarded-as
2. Transitory and minor impairments excluded
   -“Transitory” = expected duration ≤ 6 months