ADA versus NLRA: is a showdown imminent over reasonable accommodation?
Article Abstract:
There are areas of overlap between the Americans with Disabilities Act of 1990 (ADA) and the National Labor Relations Act (NLRA). The ADA mandates that employers make reasonable accommodations for handicapped individuals, while under the NLRA most alterations in working conditions are subjects for management-union negotiations and collective bargaining. Thus, an employer who makes changes unilaterally could be guilty of an NLRA violation if the changes concern wages, hours or other conditions of employment. Both employer and union could be guilty of ADA violations if they cannot agree about accommodations. Parties to collective bargaining agreements should be cautious until more guidance comes from the courts.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1993
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Obesity as a legal disability under the ADA, Rehabilitation Act, and state handicapped employment laws
Article Abstract:
Some medical experts believe obesity results from a physiological disorder rather than from voluntary conduct, which would mean obesity should be treated as a disability covered under handicapped employment laws. The legislative intent of the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 and of state laws on employment of the handicapped was to protect people from employment discrimination not based on job-related, reasonable requirements. Protecting the obese, who suffer discrimination due to untrue stereotypes, comports with this legislative intent.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1993
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An employer's dilemma: the ADA's provisions on reasonable accommodation and confidentiality
Article Abstract:
The Americans with Disabilities Act of 1990 (ADA) mandates that employers make reasonable accommodations for employees' disabilities and that such disabilities be kept confidential. This can create a dilemma for employers if they are accused of favoritism and, in unionized workplaces, to possible grievance procedures. Possible solutions include educating the employees and the unions, having disabled employees voluntarily inform colleagues of their disabilities, and trying to get Congress and the EEOC to modify the confidentiality provisions.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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