Also known as: handicaps · handicapped · handicapping · disability
Written by attorneys · grounded in primary & secondary sources — see below
A physical or mental impairment that substantially limits one or more major life activities of an individual.
Henry Hoffman, elected President despite a documented physical handicap, assumes office under Article II. The four-year term vests executive power in him without interruption from the impairment. Electors from each state cast ballots as directed by their legislatures, confirming the result.
Heidi Henderson appears before Judge Hector Huerta on a contract claim. The judge refers to her mobility handicap in open court and permits staff to mock her. The conduct violates the prohibition on manifesting bias based on disability during judicial duties.
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Hana Hashimoto represents a client with a visual handicap in settlement talks. She repeatedly mocks the client's reading accommodations and refuses to provide materials in accessible format. The conduct subjects her to discipline under the rule barring harassment on the basis of disability in law practice.
Hakeem Harris, who has a leg impairment requiring crutches, drives through an intersection and collides with another vehicle. The court measures his conduct against the standard of a reasonable person under the same physical disability rather than an able-bodied driver.
Hilda Hernandez receives Social Security disability payments. The agency terminates benefits after new monitoring data shows ineligibility. Written notice and an opportunity to respond in writing, followed by a post-termination hearing with retroactive relief, satisfy due process under the balancing test.
Horizon Dynamics admits partner Heidi Henderson who promises a capital contribution of specialized services. Henderson later claims her developing handicap prevents performance. The obligation remains enforceable because the uniform act provides that disability does not excuse the duty.
Yes. When an actor has a physical disability, the standard becomes that of a reasonable person under the same disability rather than an able-bodied reasonable person.
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No. Rule 8.4(g) prohibits discrimination on the basis of disability in conduct related to the practice of law, though the rule preserves the right to decline under Rule 1.16 for other legitimate reasons.
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Due process is satisfied by written notice and an opportunity to respond in writing before termination, followed by a full evidentiary hearing with retroactive benefits if the claimant prevails.
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No. The obligation to contribute to a limited partnership is not excused by disability or other personal inability to perform.
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…is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped." The Act also provides that, in making this determination, "account may be taken of the pregnant woman's actual or reasonably foreseeable environment." It also permits a physician, without…