ADA rulings look good to businesses; the court favored employers' definition of 'disability,' but business rulings were mixed
Article Abstract:
The US Supreme Court favored business interests in the several ADA rulings of its 1998-99 term, stating that employees with medically treatable conditions lacked the right to sue under the ADA, but other business rulings were mixed. Insurers avoided liability under the 14th Amendment but could be sued under RICO, as well as both losing and gaining defenses to employment discrimination. Antitrust, communications and bankruptcy cases were also a part of the court's term.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
Harassment-proofed is liability-proofed; the EEOC and the Supreme Court clarify ways employers can limit of escape liability for supervisory harassment
Article Abstract:
The article discusses EEOC guidelines regarding an employer's vicarious liability for sexual harassment issued in response to the Supreme Court's 1998 sexual harassment rulings. The key step is implementing and enforcing an effective anti-harassment policy and complaint procedure, leaving it for the courts to determine on a case-by-case basis whether the employer has sufficiently met its legal responsibilities.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
Getting a visa's half the battle; employers hiring foreign workers with H-1Bs will find a morass of Labor and INS regulations to navigate with great care
Article Abstract:
Issues are discussed regarding the Department of Labor's interim regulations implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). The ACWIA benefited employers by its temporary increase of the number of H-1B foreign workers who could be admitted each year.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: A libertarian inside, looking out. The unintended consequences of the Americans with Disabilities Act. The end of market failure
- Abstracts: Franchising in the Canadian courts. Comments on proposed federal regulation of franchising. The new Commission Block Exemption: a blurry roadmap for franchising in Europe
- Abstracts: D.C. Circuit heard Clinton, Microsoft and more; in an 'exceptional' year, the court handled headline matters as well as routine appeals
- Abstracts: Ruling creates a split in dilution jurisprudence; rather than waiting for the Supreme Court, owners may ask Congress for assistance
- Abstracts: Safety team laws may collide with the NLRA; pressure is mounting in Congress to pass legislation aimed at resolving this issue