EEOC is sending the wrong message
Article Abstract:
EEOC guidance on what employers must do to reasonably accommodate mentally ill employees under the Americans with Disabilities Act may actually do a disservice to the mentally ill by, in the long run, creating a backlash against them. Employees who cannot function in a normal work environment have no business being there. What society should do is to take on the cost of support payments and mental health treatments, not mandate that employers act as if no problem exists. Specially structured work programs for mentally ill people whose problems would be worsened by isolation and dependence could be developed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Retaliation lawsuits are increasing rapidly; in the wake of new EEOC guidelines and Supreme Court precedent, employers should hone anti-retaliation policies
Article Abstract:
Every US employer must intensify anti-retaliation measures and fine-tune its anti-harassment programs to accord with the US Supreme Court's landmark decisions establishing employers' strict liability for sexual harassment and the EEOC's May 1998 guidelines on retaliation. Strict liability as the presumptive standard for supervisorial harassment makes liability for retaliatory conduct in violation of Title VII inevitable. The employer's preventive measures will minimize the risk of retaliation and of the subsequent liability of the company.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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ADA guidance issued for interviews: new EEOC guidelines should help employers develop permissible questions for job applicants
Article Abstract:
The Equal Employment Opportunity Commission on Oct 10 released guidelines to help employers comply with the Americans with Disabilities Act in pre-employment interviews and medical examinations. These replace the guidelines issued in May 1994, will be used by EEOC inspectors, and may be used by the courts. Employers may not ask disability-related questions before making an offer, and cannot try to determine the nature or severity of a disability, though temporary impairments may be investigated.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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