Mental disabilities claims under the Americans with Disabilities Act and EEOC's guidelines
Article Abstract:
The Equal Employment Opportunity Commission's guidelines for compliance with the Americans with Disabilities Act protections for mentally disabled employees broadly define mental or psychological disorders and limit employers' information gathering. Employers can refuse to hire or can fire employees who pose a safety hazard but otherwise must accommodate mentally disabled individuals who can do the essential job functions with accommodation. Employees must inform employers of the disability. Discipline is allowed as long as all employees are similarly disciplined.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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Sexual harassment: an American judicial perspective
Article Abstract:
The expansion of sexual harassment case law and remedies as well as the increased national sensitivity to the issue dictates that employers develop clear policies and procedures for addressing sexual harassment complaints. Quid pro quo and hostile work environment causes of action are provided for under Title VII. The Civil Rights Act of 1991 expanded the remedies available to plaintiffs to include compensatory and punitive damages. Employers may be found liable under agency theories or negligence in failing to remedy harassing behavior.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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Employer rights and liability in regulating provocative dress in the workplace
Article Abstract:
Sexually provocative mandatory dress codes have been accepted only when they serve a business purpose and are applied evenly to men and women. Many sex-oriented businesses have not been held liable for sexually harassment resulting from dress codes because employees knew the nature of the business before accepting the job. However, this defense of welcoming the behavior is losing support with employers being held liable for unwanted sexual advances regardless of the business nature.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1996
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