Disability Law

Professor Arlene Kanter on the Dunkin’ Donut Discrimination Lawsuit

Professor Arlene Kanter, the Founding Director of the Disability Law and Policy Program, recently spoke with NBC News Now about a lawsuit against Dunkin’ Donuts that claims the company discriminates against customers with milk allergies by charging them more for non-dairy alternatives. The lawsuit seeks remedy under the Americans with Disabilities Act (ADA).

“People who have chronic conditions, such as lactose intolerance or food allergies, if they are substantially limiting the ability to eat or function day to day, they are considered disabilities under the act,” says Kanter.

She adds, “They offer sweeteners that are not sugar and decaffeinated coffee. To single out a non-dairy alternative is discriminatory.”

Professor Arlene Kanter Discusses Whether Charging More for Non-Dairy Milk to Lactose-Intolerant Customers Violates the Americans with Disabilities Act

Reacting to a class action lawsuit brought against Dunkin Donuts where the store charges more for non-dairy milk, Professor Arlene Kanter sees this as a strong case for discrimination under the Americans with Disabilities Act (ADA). She is quoted in the NBC News article “Is that extra charge for nondairy milk discrimination? A lawsuit challenges Dunkin’ Donuts’ fees.”

“If a person qualifies as a person with a disability, and they’re entitled to an accommodation or modification — which in this case looks pretty simple as nondairy milk — they cannot be charged extra,” says Kanter, adding that allergies and intolerances can be a disability if they substantially limit a major life activity.

Professor Kat Macfarlane’s Paper, Disability Without Documentation, Cited in Psychology Today Article

The Psychology Today article “How Suspicion Feeds Stigma Against Neurodivergent People” cites Professor Kat Macfarlane’s Fordham Law Review paper “Disability Without Documentation.”

Macfarlane, the director of the Disability Law and Policy Program, notes in her paper that the Americans With Disabilities Act (ADA) never intended to require medical documentation to gain accommodations.

Professor Kat Macfarlane Comments on Accessibility Issues Raised at AMC Theater in Greenville, North Carolina

In the wake of a disagreement between a disabled patron and management of an AMC Theater in Greenville, NC over seating accommodations, Professor Kat Macfarlane provided accessibility and Americans with Disabilities Act perspectives to ABC News 11.

Macfarlane, the Director of the Disability Law and Policy Program, noted that “The Americans with Disabilities Act governs places like movie theaters and restaurants, and requires that if there’s a policy in place, a movie theater for example, has to make a reasonable modification for people with disabilities.”

“It’s a Disappointing Outcome”: Professor Kat Macfarlane on the Jury Decision in the Vivian Cheung Discrimination Case

Professor Kat Macfarlane, director of the Disability Law and Policy Program, spoke again with Science after the Maryland jury unanimously voted against disabled researcher Vivian Cheung’s discrimination case against Howard Hughes Medical Institute.

“It’s a disappointing outcome but I’m grateful to Viv for taking on this fight,” says Macfarlane. “Every time disability discrimination is challenged in this manner it helps the next person find the courage to speak up, too.” 

Professor Kat MacFarlane Discusses Disability Discrimination in “Trial puts Howard Hughes Medical Institute—and disabled scientists—in the spotlight”

Professor Kat Macfarlane, director of the College of Law’s Disability Law and Policy Program, discusses Vivien Cheung’s lawsuit against Howard Hughes Medical Institute for disability discrimination. In the Science article “Trial puts Howard Hughes Medical Institute—and disabled scientists—in the spotlight”, she observes that a jury trial in this situation is rare, instead of being settled or tossed from court. The lawsuit touches on the science and research community and discrimination against those with disabilities.

“I’m shocked in a very refreshing way that this is going in front of a jury,” Macfarlane says. “The applicable legal standards are very challenging for plaintiffs with antidiscrimination claims to meet.”

Professor Kat Macfarlane’s Forthcoming Article “Accommodations Discrimination” Quoted in Psychology Today

In the recent Psychology Today web post “Accommodations and Accessibility: What’s the Difference?”, Professor Kat Macfarlane’s forthcoming American University Law Review article on accommodations is quoted.

Macfarlane’s article Accommodations Discrimination is referenced in the Psychology Today article’s discussion of accommodations that a neurodivergent person may need in a work environment, quoting “Reasonable accommodations should be tools of equality yet can feel more like punishment than remedy.”

Professor Kat Macfarlane Named Director of the Syracuse University College of Law Disability Law and Policy Program with Founder Professor Arlene Kanter Retiring after the 2023-24 Academic Year

Noted disability rights scholar Professor Kat Macfarlane is the new Director of the Syracuse University College of Law’s groundbreaking Disability Law and Policy Program (DLPP). Macfarlane comes to the College from the U.S. Department of Education’s Office for Civil Rights where she was Special Counsel. DLPP founder and director Professor Arlene Kanter is planning to retire next year, after teaching for more than 35 years at the College of Law.

Created by Kanter in 2005, DLPP is the most extensive disability-related law school program in the United States. Students who participate in this program often go on to jobs in the areas of disability, education, special education, children’s rights, civil rights, labor, employment, trusts and estates, and international human rights law. It also houses the nation’s first joint J.D./M.S. degree program in Law and Disability Studies as well as a Curricular Program in Disability Law and Policy. DLPP students also can work in the Disability Law Clinic and at disability-related externships, gaining valuable hands-on experience with real clients.

“Professor Kanter is a globally recognized expert in disability law and a steadfast advocate for people with disabilities. While her retirement is well-deserved, she will be missed by our faculty, staff, students, and alumni,” says College of Law Dean Craig M. Boise. “And we’re all anxious to see the direction Professor Macfarlane will lead the DLPP as she builds on the College’s position as the leader in the disability space in legal education.”

Prior to joining the College of Law faculty, Professor Macfarlane served as an associate professor at Southern University Law Center and the University of Idaho College of Law and as a teaching fellow at the Louisiana State University Hebert Law Center. Prior to joining academia, Professor Macfarlane was an Assistant Corporation Counsel in the New York City Law Department serving as lead counsel in federal civil rights actions. As an associate in Quinn Emanuel Urquhart & Sullivan’s Los Angeles and New York offices, she represented plaintiffs in securities litigation. She clerked for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit.

One of the accomplishments of the DLPP has been to recruit lawyers from around the world who wish to specialize in disability law by enrolling in the College of Law’s LL.M. and S.J.D. Programs, with Kanter serving as their advisor. Since its founding, hundreds of students have completed the joint degree, certificate program, Clinic, or disability concentration in the LL.M. program.  The DLPP is also the recipient of an international award for innovation in higher education.

“I am happy to know that Professor Macfarlane will continue the important work that the DLPP does in preparing future generations of disability lawyers, policymakers, and scholars,” says Kanter. “As a renowned scholar, Professor Macfarlane brings a deep understanding of disability law and the importance of using the law to  advocate for a more inclusive society.”

Graduates of DLPP now work for federal and state government agencies, private law firms, domestic and international non-governmental organizations, public interest law offices, legal services offices, school districts, policy organizations, and think tanks. Other graduates have started their own law practices or pursued LL.M. or Ph.D. degrees. 

“I am honored to become the new director of the Disability Law and Policy Program. Professor Kanter is a pioneer in the education of lawyers in the field of disability law and I plan to honor the impact she has made on disability law by ensuring the program continues to meet the needs of advocates worldwide,” says Macfarlane.

Both Professors Kanter and Macfarlane are recipients of the American Association of Law Schools’ Disability Law Section’s Distinguished Service Award.

Professor Cora True-Frost G’01, L’01 Spearheads and Leads Important International Disability Law and Theory Discussions with European Scholars and Legal Practitioners

Bond, Schoeneck & King Distinguished Professor Cora True-Frost G’01, L’01, along with Professor Jan Grue at the University of Oslo, conceptualized and received a grant to convene leading European disability scholars to present and discuss work on the timely topic: “Unburdening Access and Inclusion: European Tribunals, International Disability Law: from Disability Studies to Studying Ableism.”  Funding for the workshop was provided by PluriCourts – Centre for the Study of the Legitimate Role of the Judiciary in the Global Order at the University of Oslo. This workshop was an outcome of Professor True-Frost’s 2022 Fulbright Scholarship at PluriCourts.

Presenters discussed themes including the shift from the medical to social model of disability, the need to shift from disability studies to studying ableism; positive and negative rights in international disability law; and European legal doctrine regarding accessibility, capacity, and reasonable accommodation. Professor True-Frost presented her draft work ‘Unburdening Access: Clarifying Accessibility, Reasonable Accommodation and Anti-Discrimination Rights before the ECHR.”

Professor True-Frost also taught a course on international disability law to European lawyers and judges at the European University Institute Academy of European Law as part of the Summer Human Rights Seminar at the Academy of European Law in Florence, Italy.  The course, “Equality Before the Law: The Difference Disability Makes”, encouraged students to analyze the ways in which the United Nations Convention on the Rights of Persons with Disabilities (CRPD) interacts with and sometimes conflicts with conceptions of equality in international human rights law.  The course provided a doctrinal and theoretical assessment of major issues pertinent to the substance of disability equality through two central case study inquiries: 1) who has legal capacity before the law, and 2) who is able to exercise a fundamental liberty of movement within their community, their home country, and the global community.

PluriCourts workshop.
Participants in the Summer Human Rights Seminar at the Academy of European Law

Professor Kat Macfarlane Provides Guidance on a Sensitive Question About Workplace Accommodations

In a recent New York Times Magazine The Ethicist column, a reader submitted a question: My Disabled Colleague Is Struggling at Work. Am I Responsible for Her Care?

Professor Kat Macfarlane, director of the College of Law’s Disability Law and Policy Program, provided some insight and guidance in helping to answer the question. Macfarlane notes that “that people with disabilities may hold on to a position because they need the health care benefits that come with it.” The response says “Managers would do well to consult with your colleague to figure out ways of accommodating her limitations without imposing a hardship on other employees.”

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