November 30, 2022 ABA Resolutions

ABA Resolutions

Resolutions passed by the ABA House of Delegates for which the CDR was a sponsor or cosponsor, or which directly address issues in disability law.

Over the years, the ABA has adopted various resolutions that focus on disability law or disability rights that are now ABA policy. 

2022

  • Annual Meeting 604: Adopts the ABA Nine Principles on Reducing Mass Incarceration, black letter and commentary; and urges federal, state, local, territorial, and tribal legislative, and other governmental bodies to adopt policies consistent with the ABA Nine Principles on Reducing Mass Incarceration.

2021

  • Annual Meeting Resolution 102: Urges members of the legal profession to devote at least 20 hours each year to efforts that advance and promote diversity, equity, and inclusion in the legal profession.
  • Annual Meeting Resolution 511: Urges Congress to enact the Pregnant Workers Fairness Act or similar legislation that: (1) explicitly and affirmatively guarantees pregnant workers the right to reasonable accommodations so they can continue working without jeopardizing their pregnancy; (2) prohibits employers from denying pregnant workers employment opportunities based on the employer’s need to make reasonable accommodations, and (3) provides pregnant workers the same rights and remedies as those established under Title VII of the Civil Rights Act of 1964.
  • Annual Meeting Resolution 514: Urges adoption of federal and local hate crime legislation, including such crimes against the AAPI community, and specifies civil remedies and first amendment protections to be built into the legislation.
  • Annual Meeting Resolution 601: Urges the federal government to eliminate the Medicaid bias favoring institutional settings by amending policies in order to mandate that states and territories implement home and community-based services under their Medicaid State Plans.
  • Annual Meeting Resolution 606: Supports the enactment of the Civics Secures Democracy Act (CSDA) (HR 1814 and SB 879) to provide support for expanded and improved civic education in the United States; and urges state, local, territorial, and tribal officials, and private sector entities to implement the Educating for American Democracy (EAD) Roadmap to expand and improve civic education in their jurisdictions.
  • Annual Meeting Resolution 608 (PDF): Urges federal, state, local, territorial and tribal governments to enact laws and policies to provide all employees a living wage, defined as the minimum hourly rage than an individual in a household must earn to support themselves and their family to a basic standard of living through employment without the need of any government subsidies; and supports legislation that would raise the minimum wage to to meet a living wage standard for an average household.
  • Annual Meeting Resolution 610: Recommends the adoption of the American Bar Association Election Administration Guidelines and Commentary, dated August 2021, to supplant all earlier versions, and recommends that all election officials ensure the integrity of the election process through the adoption, use, and enforcement of the Guidelines.
  • Midyear Meeting Resolution 10F: The ABA urges federal, state, local, territorial, and tribal governments and police commissions to establish officer training and implement guidelines to be used by officers in giving exit orders during discretionary traffic enforcement stops where the officer has safety concerns or a reasonable suspicion of criminal activity.
  • Midyear Meeting Resolution 10C: The ABA urges the Department of Defense to recognize that: (a) HIV status alone has no impact on service members’ ability to fully execute their duties and is not a determinant of fitness for duty; and (b) HIV is not a medical condition that should disqualify a person from enlistment, appointment, commissioning, deployment or retention in the U.S. military.
  • Midyear Resolution 300A: The ABA encourages development of resources that advance well-being in the legal profession and encourage legal professionals to seek out such resources despite barriers of stigma, retribution and other negative effects on their reputation.

2020

  • Annual Meeting Resolution 103: The ABA urges governments to adopt and enforce legislation and educational policy that 1) prohibits school personnel from using seclusion, mechanical, and chemical restraints on preschool elementary and secondary students, 2) prohibits school personnel from using physical restraint unless the student’s behavior poses an imminent danger of serious physical injury to self or others, 3) prohibits the use of restraints in a face-down position or any other position that is likely to impair a student’s ability to breathe, in situations where physical restraint is used, and 4) requires professional development and ongoing training in positive behavior interventions and trauma-informed care.
  • Annual Meeting Resolution 101: The ABA adopts the American Bar Association Election Administration Guidelines and Commentary, dated August 2020, supplanting all earlier versions; recommends that all election officials ensure the integrity of the election process through the adoption, use, and enforcement of the Guidelines; and urges that governments provide election authorities with adequate funding to implement the Guidelines and Commentary.
  • Annual Meeting Resolution 301B: The ABA urges governments to declare June 19 (Juneteenth) as a paid legal holiday.
  • Annual Meeting Resolution 301A: the ABA urges governments to enact legislation to eliminate or substantially curtail the defense of qualified immunity in civil actions brought against law enforcement officers.
  • Annual Meeting Resolution 116G: the ABA urges that in all states, territories and tribes, the highest courts or legislative bodies charged with the administration of justice, admission to the bar, or regulation of the legal profession, require that lawyers, judges, commissioners, referees, probation officers, and court personnel whose job requires interacting with the public receive periodic training regarding implicit biases that addresses, at minimum: sex, race, color, religion, ancestry, national origin, ethnic group identification, age, disability, medical condition, genetic information, marital status, sexual orientation, gender expression and gender identity; and urges that, in all states, territories, and tribes, the highest courts or legislative bodies, or agencies and boards that license and regulate the medical profession or social service professions, require that medical professionals and social service professionals who work with the public receive periodic training regarding the implicit biases previously noted.
  • Annual Meeting Resolution 107: the ABA amends Model Rule 1.8(e) by adding a narrow exception to the Rule that will increase access to justice for the most vulnerable clients.
  • Annual Meeting Resolution 105: the ABA urges Congress to create and fund a Guardianship Court Improvement Program for adult guardianship to support state court efforts to improve the legal process in the adult guardianship system, improve outcomes for adults subject to or potentially subject to guardianship, increase the use of less restrictive options than guardianship, and enhance collaboration among courts, the legal system, and the aging and disability networks.
  • Midyear Meeting Resolution 106: The ABA urges Congress to grant a private right of action for those who are not granted equal access to commercial air travel, thus violating their civil rights. This includes allowing for compensatory and punitive damages and other reasonable fees for plaintiffs who prevail in their cases. 
  • Midyear Meeting Resolution 115: the ABA encourages U.S. jurisidictions to consider a more innovative approach to the "access to justice" crisis, to help ensure that all Americans have meaningful access to effective civil legal services.

2019

  • Midyear Meeting Resolution 115B: The ABA urges governments to enact legislation requiring equal pay rates for employees performing relevantly similar work, irrespective of sexual orientation, gender identity, gender expression, race or ethnicity, or disability. (PDF)
  • Midyear Meeting Resolution 107B: The ABA urges legal employers not to require pre-dispute mandatory arbitration of claims of unlawful discrimination, harassment or retaliation based upon race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity or expression, martial status, or status as a victim of domestic or sexual violence. (PDF)
  • Midyear Meeting Resolution 106B: The ABA urges governments to reduce potential harm that individuals may inflict on themselves or others by enacting statutes, rules, or regulations allowing individuals to temporarily prevent themselves from purchasing firearms. (PDF) 

2018

 

2017