Perspectives on Disability, Discrimination, Accommodations, and Law (Law and Society)

Oakes compares disability discrimination laws in Canada and the United States. He argues that in the United States, disability law has failed to achieve many of its objectives. Indeed, in American courts, disability plaintiffs almost always lose. By comparison, in Canada plaintiffs win more frequently. Canadian disability protections rely on human rights laws, which are quasi-constitutional and broadly construed. By contrast, in the United States, the definition of disability under the ADA is more limited. Considering the theoretical basis for disability protections and the desirability of extending accommodations in both employment and education, Oakes concludes that disability laws require reform in both countries: in Canada passage of proactive legislation and in the U.S. a refined ADA.