Court takes new tack in employment suits; since the late 1980s, the U.S. Supreme Court has drifted away from its pro-employer position
Article Abstract:
A string of US Supreme Court decisions since 1989 indicate a shift from the prior stance favoring employers to a more moderate one recognizing the interests of both employers and employees. The Civil Rights Act of 1991 played an important role in this change, as did some changes in the court's membership. Significant rulings have held that the Act cannot be applied retroactively, and that plaintiffs discriminated against are entitled to relief despite after-acquired evidence of their wrongdoing.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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ADA may let workers do some jobs at home
Article Abstract:
Providing qualified disabled employees with reasonable accommodation to enable them to perform their jobs may involve allowing them to work at home under the Americans with Disabilities Act of 1990 (ADA). Since the ADA provisions covering employment just took effect in mid-1992, the courts have not yet had a chance to interpret the statute, but cases brought under the Rehabilitation Act of 1973 indicate that 'reasonable accommodation' includes allowing a disabled employee to work at home.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Circuits uphold summary relief in ADA lawsuits
Article Abstract:
Some courts have granted summary judgment in Americans with Disabilities Act of 1990 (ADA) lawsuits when the judges felt there was insufficient evidence discrimination had occurred. Some courts, on the other hand, have held that factual issues regarding intent cannot be resolved by summary disposition. What constituted an ADA disability was one of the issued resolved by summary judgment. Various ADA cases are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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- Abstracts: Washington gets amendment fever: the 'new federalism' has Congress and the Supreme Court debating first principles
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