Litigation involving the Americans with Disabilities Act (ADA) is not an uncommon phenomenon in today's world. An issue involving the ADA that has received a great deal of attention by the courts in recent years concerns administrative notice/exhaustion. Specifically, a great debate has raged as to whether or not an aggrieved party seeking to file a private suit under Title III of the ADA must first exhaust available state or local administrative remedies or otherwise give notice to state or local administrative agencies having authority to remedy or grant relief from discriminatory practices. Aggrieved parties derive their ability to file private actions against ADA violators through the AD A's incorporation of§ 2000a-3(a) (located in the Civil Rights Act of 1964). While the ADA does not directly require that administrative notice be a prerequisite to filing a private action pursuant to § 2000a-3(a), some courts have argued that administrative notice/exhaustion is required by § 2000a-3( c ), which is located just a few paragraphs below§ 2000a-3(a), when suing in response to ADA violations. Other courts have argued that administrative notice/exhaustion is required on different grounds. Still, there are other courts that affirm that neither administrative notice nor exhaustion is required. This dynamic issue has created a virtual even division among the courts. This thesis examines the cases and arguments against the requirement of administrative notice/exhaustion, the cases and arguments in support of administrative notice/exhaustion, and provides a synopsis of what the law, promulgated by the legislature, intended to require and how this issue could be more appropriately adjudicated by the judiciary in future cases. A great deal of consideration and contemplation is given to the purpose of the ADA and how this purpose can be best effectuated when adjudicating the administrative involvement controversy.

It is argued that a lack of adequate legislation in pre-1994 South Africa resulted in inequality in the workplace and in society in general. The new democracy intended to address this by promulgated legislation and today the South Africa Constitutional and legislative provisions promoting equality are viewed as amongst the most progressive in the world. Conversely, this progressive legislation aimed to protect against discrimination, still seems to fail the very people it intended to promote and protect. The new legislation created awareness of the need for equality; the right of workers to employment – or at least to decent working conditions. The right to equality is accorded to everybody through the Constitution of South Africa. The Bill of Rights is based on the notion of equality before the law, and the prohibition of discrimination on various grounds. Despite this, the perception exist that persons with disabilities as a minority group are still being marginalised and are restricted in their right to exercise the right to participate and make a meaningful contribution to the labour market. This not only seems to be in contradiction with the Constitutional right to choose an occupation, but has wider social and economic consequences. The ethos of equality legislation is to ensure that the workplace is representative of the society we live in. It is understandable that labour as a social phenomenon is not only concerned with workplace related issues but with aspects encompassing the whole of the socio-political and economic scene. South African labour legislation drafted over the last two decades strives to align with the conventions and recommendations of the International Labour Organisations and in terms of the obligations of South Africa as a member state. However, the question prevails: is this legislation adequate to address the discrimination and inequality experienced by persons with disability? If so, why do statistics indicate such high unemployment amongst this group? Yet, there is a growing awareness that persons with disabilities represent enormous, untapped economic potential. According to the ILO report on The Right to Decent Work of Persons with Disabilities (1997), much has been accomplished in the international arena in recent years to improve the lives of persons with disabilities in the workplace. This treatise will attempt to evaluate the efficacy of South African legislation in the promotion and integration of persons with disabilities in the labour market.

This study was designed to explore the implementation strategies and effectiveness of a sample of major employers from several small suburbs of Los Angeles, in Southern California, regarding the Americans with Disabilities Act.

In recent years, the enforcement of Canadian human rights statutes has been the subject of much criticism. That criticism comes not only from organizations that are required to change their practices to comply with the statutes, but from advocates who question the effectiveness of human rights enforcement. Studies which attempt to address these criticisms generally review the criticisms and then seek to modify the enforcement models to ameliorate the problems which have generated the criticism. This thesis considers the problem from a more theoretical perspective. With a focus on disability, this thesis considers whether Canadian anti-discrimination statutes, which were created when the prevailing theory of equality was a formal one, are capable of achieving substantive equality as it is now conceived. Applying a disability rights perspective, substantive equality for people with disabilities requires that a wide and complex variety of barriers be removed. These barriers may result from intended or unintended discrimination. They may be physical or attitudinal. They may be isolated, individual acts or they may reflect widespread societal norms. To eliminate such an array of barriers, anti-discrimination statutes must include a range of powers and procedures: they must incorporate provisions that protect people with disabilities from such barriers; they must provide mechanisms to identify the barriers; there must be mechanisms to determine whether the barriers contravene the protected right; and the statutes must provide effective remedies. This thesis concludes that contemporary human rights enforcement models are capable of effectively addressing many individual barriers to equality for people with disabilities. However, under a complaint-based model, human rights agencies cannot effectively address barriers that result from the operation of widespread norms. Canadian human rights agencies are therefore limited in their ability to achieve the societal transformation that is necessary to achieve substantive equality for people with disabilities. For such equality to be realized, anti-discrimination statutes must be seen as just one facet of a much broader approach. / Law, Peter A. Allard School of / Graduate

For a long time the rights of disabled persons have been ignored worldwide. A major obstacle faced by disabled persons is discrimination in the workplace. Due to the development of a social approach to disability and the efforts of the Disability Rights Movement, legislation has been passed throughout the world to improve this dire situation. The thesis considers the efficacy of some of these statutes. It is concluded that stigma and negative stereotypes remain a constant hurdle in overcoming discrimination. The forthcoming UN Disability Convention is demonstrative of the recognition of the importance of the needs and rights of disabled people. The convention proposes some innovative measures to overcome stigma and stereotyping. Mental health problems constitute one of the leading causes of disability. The thesis explores how people with mental health problems fit within the concept of people with disabilities and whether they are included in anti-discrimination legislation and affirmative action measures. Special attention is given to statutory definitions of disability, the different forms of discrimination and the concept of reasonable accommodation. A comparative approach is taken to analyse how South Africa's disability law measures up against that of Britain and Australia in terms of its substantive provisions and enforcement thereof. In considering the South African position American and Canadian jurisprudence is consulted in order to aid in interpretation. It is concluded that although South Africa has a comparatively good legislative framework, it is held back by an overly restrictive and medically focused definition of disability. As a result many individuals with mental health difficulties, desirous of obtaining and retaining employment may be excluded from protection against discrimination in the workplace. It is argued that it will be necessary either to amend the Employment Equity Act or for the courts to adhere strictly to the concept of substantive equality in order to ensure that the rights and dignity of people with mental health difficulties are adequately protected.

The study took place in the Department of Health. It involved four districts and the Head Office of the human resource planning component. Its purpose was to explore the extent to which the Employment Equity Act is implemented in respect of people with disabilities by the Department of Health, KwazuluNatal. The experiences and perceptions of employment equity officers and people with disabilities were explored. In addition the document on Gap Analysis on EEA was analyzed. Qualitative methodology guided the explorative descriptive nature of the research. The sample selected for the study aimed at balancing opinions on the subject under investigation. Data was collected through structured questionnaires, in depth interviews and content analysis of the departmental Gap Report on Employment Equity. The main findings revealed that there is a wide gap between the current status quo and achieving the desired objectives of the Act. There is also a lack of awareness among People with disabilities in understanding the legal rights in terms of the Act. This situation weakens stakeholder's participation in implementation of the Employment Equity Act NO.55 of 1998. The main recommendations related to the implementation of intensive training programmes, in order to assist stakeholders to participate effectively in Employment Equity Act programmes. A bottom up approach on implementation of the Employment Equity Act was recommended. This will help to ensure equal participation of and acceptance of the process by People with disabilities and employment equity officers. / Thesis (M.A.)-University of Natal, Durban, 2002.

Acompanha: A diferença está no saber agir: conheça!: educação inclusiva: dos documentos legais à realidade escolar / Este trabalho toma como objeto de pesquisa o tema da educação inclusiva. A questão que ensejou a pesquisa foi: de que modo a “voz” da pessoa com deficiência pode revelar a importância da construção de um espaço inclusivo e contribuir para a sua humanização? Seu corpus é composto de 30 entrevistas semiestruturadas feitas com um grupo de pessoas com deficiência nas áreas auditiva, visual, física e intelectual, residentes em cidades da região Norte do Estado do Paraná. Com base nas respostas, observa-se o que pensam os entrevistados sobre o ciclo da invisibilidade. A análise leva em consideração as categorias: educação, trabalho, autonomia e independência. Para dar resposta a essa pergunta, após a aplicação dos questionários e da tabulação dos dados, foi elaborado um produto educacional denominado: “A Diferença está no Saber Agir. Conheça! ”. O produto, uma espécie de livro virtual, foi publicado em site próprio para testagem na comunidade escolar. Esses dados também foram tabulados e compõem o resultado final desta pesquisa. O estudo tem por objetivo geral colaborar com a formação de professores, alunos e profissionais que atuam na escola pública no que diz respeito às suas atitudes - que podem conduzir à reflexão e à ação – frente a pessoas com deficiência, no espaço escolar e no convívio social por meio do mencionado produto educacional. Para elaborar o trabalho, foram executadas pesquisas do tipo bibliográfica, analítica, interpretativa e de campo, com o uso da metodologia da pesquisa-ação, cujo eixo é a participação da comunidade pesquisada na própria pesquisa, assim ela propõe a transformação das práticas por meio da observação e posterior ação. O ponto de partida teórico são as concepções da Política Nacional de Educação Especial na Perspectiva da Educação Inclusiva (BRASIL, 2008), a Convenção Internacional sobre os Direitos das Pessoas com Deficiência (BRASIL, 2009) e o Parecer CNE/CP Nº8/2012 - Diretrizes Nacionais para a Educação em Direitos Humanos (BRASIL, 2012). Obtiveram-se resultados importantes para a instrumentalização da escola e da comunidade, visando dar subsídios para a construção de novas lógicas de ensino inclusivo e para a partilha de novos conhecimentos, permeados pelas dificuldades, frustrações, anseios e receios do grupo investigado. Que novos avanços e transformações possam gerar uma inclusão escolar e social gradativa e real. / This work has the inclusive education issue as a research subject. The issue which gave rise to the research was: how can the "opinion" of a person with disability reveal the importance of creating an inclusive space and contributing to humanization? Its corpus consists of 30 semi-structured interviews with a group of people with disabilities in auditory, visual, physical and intellectual areas, living in cities in the Northern Paraná State. Based on the responses, what the interviewees think about the invisibility cycle can be observed. The analysis takes into account the categories: education, work, autonomy and independence. In order to answer this question, after the questionnaires and data tabulation were performed, an educational product was prepared and it was called "The difference is in Knowing How to Act. Learn". The product, a kind of virtual book, was published on an own website for testing in the school community. These data were also tabulated and make up the final result of this research. The study has as a general objective to contribute to the education of teachers, students and professionals who work in public schools with regard to their attitudes - which can lead to reflection and action - when treating with people with disabilities in the school environment and in their social relations by means of the educational product. In order to prepare this work, bibliographical, analytical, interpretative and field researches were performed, with the use of action research methodology, whose axis is the participation of the community in the research itself; thus, this community proposes the transformation of practices through observation and further action. The theoretical starting point is the conception of the National Policy on Special Education in the Perspective of Inclusive Education (BRAZIL, 2008), the International Convention on the Rights of Persons with Disabilities (BRAZIL, 2009) and the legal opinion CNE / CP No. 8/2012 - National Guidelines for Education in Human rights (BRAZIL, 2012). Important results for theinstrumentalization of schools and community are obtained, aiming to provide subsidies for the creation of new logics regarding inclusive education and sharing new knowledge, permeated by difficulties, frustrations, anxieties and fears of the group investigated. Also, aiming that new developments and transformations generate a gradual and real educational and social inclusion.

Acompanha: A diferença está no saber agir: conheça!: educação inclusiva: dos documentos legais à realidade escolar / Este trabalho toma como objeto de pesquisa o tema da educação inclusiva. A questão que ensejou a pesquisa foi: de que modo a “voz” da pessoa com deficiência pode revelar a importância da construção de um espaço inclusivo e contribuir para a sua humanização? Seu corpus é composto de 30 entrevistas semiestruturadas feitas com um grupo de pessoas com deficiência nas áreas auditiva, visual, física e intelectual, residentes em cidades da região Norte do Estado do Paraná. Com base nas respostas, observa-se o que pensam os entrevistados sobre o ciclo da invisibilidade. A análise leva em consideração as categorias: educação, trabalho, autonomia e independência. Para dar resposta a essa pergunta, após a aplicação dos questionários e da tabulação dos dados, foi elaborado um produto educacional denominado: “A Diferença está no Saber Agir. Conheça! ”. O produto, uma espécie de livro virtual, foi publicado em site próprio para testagem na comunidade escolar. Esses dados também foram tabulados e compõem o resultado final desta pesquisa. O estudo tem por objetivo geral colaborar com a formação de professores, alunos e profissionais que atuam na escola pública no que diz respeito às suas atitudes - que podem conduzir à reflexão e à ação – frente a pessoas com deficiência, no espaço escolar e no convívio social por meio do mencionado produto educacional. Para elaborar o trabalho, foram executadas pesquisas do tipo bibliográfica, analítica, interpretativa e de campo, com o uso da metodologia da pesquisa-ação, cujo eixo é a participação da comunidade pesquisada na própria pesquisa, assim ela propõe a transformação das práticas por meio da observação e posterior ação. O ponto de partida teórico são as concepções da Política Nacional de Educação Especial na Perspectiva da Educação Inclusiva (BRASIL, 2008), a Convenção Internacional sobre os Direitos das Pessoas com Deficiência (BRASIL, 2009) e o Parecer CNE/CP Nº8/2012 - Diretrizes Nacionais para a Educação em Direitos Humanos (BRASIL, 2012). Obtiveram-se resultados importantes para a instrumentalização da escola e da comunidade, visando dar subsídios para a construção de novas lógicas de ensino inclusivo e para a partilha de novos conhecimentos, permeados pelas dificuldades, frustrações, anseios e receios do grupo investigado. Que novos avanços e transformações possam gerar uma inclusão escolar e social gradativa e real. / This work has the inclusive education issue as a research subject. The issue which gave rise to the research was: how can the "opinion" of a person with disability reveal the importance of creating an inclusive space and contributing to humanization? Its corpus consists of 30 semi-structured interviews with a group of people with disabilities in auditory, visual, physical and intellectual areas, living in cities in the Northern Paraná State. Based on the responses, what the interviewees think about the invisibility cycle can be observed. The analysis takes into account the categories: education, work, autonomy and independence. In order to answer this question, after the questionnaires and data tabulation were performed, an educational product was prepared and it was called "The difference is in Knowing How to Act. Learn". The product, a kind of virtual book, was published on an own website for testing in the school community. These data were also tabulated and make up the final result of this research. The study has as a general objective to contribute to the education of teachers, students and professionals who work in public schools with regard to their attitudes - which can lead to reflection and action - when treating with people with disabilities in the school environment and in their social relations by means of the educational product. In order to prepare this work, bibliographical, analytical, interpretative and field researches were performed, with the use of action research methodology, whose axis is the participation of the community in the research itself; thus, this community proposes the transformation of practices through observation and further action. The theoretical starting point is the conception of the National Policy on Special Education in the Perspective of Inclusive Education (BRAZIL, 2008), the International Convention on the Rights of Persons with Disabilities (BRAZIL, 2009) and the legal opinion CNE / CP No. 8/2012 - National Guidelines for Education in Human rights (BRAZIL, 2012). Important results for theinstrumentalization of schools and community are obtained, aiming to provide subsidies for the creation of new logics regarding inclusive education and sharing new knowledge, permeated by difficulties, frustrations, anxieties and fears of the group investigated. Also, aiming that new developments and transformations generate a gradual and real educational and social inclusion.

LL.D. / This study aims to investigate the different ways in which the position of people with disabilities can be addressed. Antidiscrimination legislation can play a very important role. Efforts to create equal opportunities must, however, not be limited to legislative initiatives and policy declarations. There is an urgent need for education and training of this minority group. 7 Systematic efforts to heighten public awareness of civil rights and in particular the recognition of the rights of the disabled community are imperative. This study aims to bring home the truth that "disability rights are an idea and ideal whose time has come. ,, When addressing the issue of disability discrimination (or for that matter any kind of discrimination) several principles need to be addressed, the most important being the following: The meaning of the concept of "equality" needs to be established. The fact that all people are equal, does not necessarily mean that all people must be treated the same. When speaking about disability discrimination one must know who forms part of the protected class. For that reason the first issue that must be addressed is the definition of "disability": This leads to the next question, namely which individuals should be protected by anti-discrimination laws and should they benefit from affirmative action measures? What is meant by the term "discrimination"? Is it at all permissible to distinguish between groups of people and, if so, when and which standards are to be applied? What role can anti-discrimination legislation fulfil in the struggle for equality? When dealing with anti-discrimination legislation, what is required in order to prove discrimination and what remedies must be available to an aggrieved party? Normally, in case of criminal action proof is required beyond reasonable doubt and in case of civil action on the balance of probabilities. 10 Civil action offers more effective remedies, but should it be punitive in nature (by awarding damages to the aggrieved party) or non-punitive (by putting the aggrieved party in his/her "rightful place")? What sort of enforcement mechanism is needed? Is it a task for the ordinary tribunals or rather a special body created for that purpose? What defences should be available to an employer accused of discriminatory practices? Who should benefit from enforcement? Only the individual victim or all members of that group? Is anti-discrimination legislation sufficient or is something in addition called for? If positive measures are required, what form must these measures take? This study will address these questions specifically with relation to people with disabilities.The "equality principle" will first be studied. Thereafter the concept of "disability" will be defined. There is a movement away from a medical model of disability towards a social model that takes account of the disabling effects of attitudes and structural barriers on the position of disabled people. Then the concept of "discrimination" will be addressed. Discrimination has many different forms and can take place in different contexts In the following chapter possible solutions to the problem of disability discrimination will be raised. Thereafter follows an important comparative analysis of different jurisdictions on international, supra-national and national level. Different jurisdictions have reached different stages in addressing this problem. The factual analysis of each jurisdiction will include the existence of any anti-discrimination legislative measures, the scope of the protected class, applicable employment provisions, defences available to employers, and the success achieved in addressing the problem. The contentious issue of affirmative action measures will also be addressed. By drawing inferences from the comparative study, suggestions will be made for future developments in South Africa. The conclusion is reached that it is imperative for South Africa to draft disability anti-discrimination legislation that takes account of the needs of this minority group. Legislative initiatives, however, are not enough and must be supported by various programmes aimed at the disabled themselves and the community that they live in. Only then can human rights become a reality also for people with disabilities.

The Americans With Disabilities Act (ADA) of 1990 requires that employers provide "reasonable accommodations" for qualified individuals who have a disability, provided that doing so does not result in "undue hardship". There are several guidelines that employers have been given to evaluate the reasonableness of job accommodations. Unfortunately, these guidelines have been criticized as being vague and ambiguous. Specific factors considered when determining whether or not to grant an accommodation under the ADA have yet to be examined in psychological research. The current study evaluated the impact of cost of accommodations, position level of the employee, and attitudes of raters for their effects on judgements of the reasonableness of requests and on subjects' likelihood of honoring requests. Results showed that accommodations were rated as more reasonable and were recommended to be honored more often for higher level positions than for lower level positions. Measures of attitudes toward disabled persons, both in general and in the workplace, did not have many significant correlations with the dependent measures. Implications of the findings and ideas for future research are discussed.