Heads you lose, tails you lose: a disturbing judicial trend in defining disability

Article Abstract:

Cases brought under the Americans with Disabilities Act (ADA) have tended to rule for the employer with the employee either being too disabled to perform the job or not impaired enough to be disabled. Cases involving diabetes, multiple sclerosis, and mental illness are discussed. These cases undercut the purpose of the ADA by failing to protect individuals who are limited by serious medical conditions from discrimination. Disability should be determined based on impairment without medication or devices. The focus should be on qualification and the provision of reasonable accommodation.

Disabled persons

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Outside the "compensation bargain": protecting the rights of workers disabled on the job to file suits for disability discrimination

Article Abstract:

The California Fair Employment and Housing Act's 1993 amendment allows workers injured on the job to file employment discrimination suits, according to the 2nd District Court of Appeal in City of Moorpark v. Superior Court. The amendment repeals Labor Code s. 132a by recognizing that the workers' compensation system protects employers from damages for negligence not deliberate discrimination. This ruling conflicts with the 1st District's decision in Cammack v. GTE Corp in which the amendment was not found to repeal the preemption of the Workers' Compensation Act.

Other Justice, Public Order, and Safety Activities, Equal Protection-Employment, Employer liability, Employment, Equal protection, California, Workers' compensation

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Between a rock and a hard place - disability benefits and/or ADA relief

Article Abstract:

Most courts adjudicating Americans with Disabilities Act (ADA) cases in which the plaintiff has applied for both Social Security and ADA benefits find that an individual who applies for Social Security must be totally disabled and that such an individual is not employable even with a reasonable accommodation. The EEOC finds the two to be different and has filed an amicus brief in one such case. The EEOC and the Social Security Administration have been trying to develop a policy for the situation.

Social security, Disability insurance

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