Qualified individuals with disabilities: defining the ADA's protected class
Article Abstract:
Identifying 'qualified individuals with disabilities' will prove the key challenge under the Americans with Disabilities Act of 1990 (ADA). The law's definition is broader than prior discrimination acts and the EEOC definition in Section 1630.2(m) of the ADA regulations does not clarify matters. That agency's restriction of the duty to provide reasonable accommodations may indeed limit the size of the protected group. Legislative intent can only be met if the protected class includes those the employer must accommodate before they can meet job qualifications.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1993
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Anti-drug programs under the ADA: business as usual or harassment of a protected class?
Article Abstract:
Recent research strongly indicates that alcohol and drug use can be symptoms of mental impairment. The Americans with Disabilities Act of 1990 may expand protection for substance abusers by making it illegal to discriminate against them in the job setting. Possible discrimination is evidenced by the employee assistance program with a punitive rather than a rehabilitative approach. Employers must prove they have tried to 'reasonably accommodate' a mentally impaired employee with a substance abuse problem before they have grounds for dismissing that person.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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AIDS and employment: judicial and arbitral responses
Article Abstract:
Employers and unions are facing a growing number of legal issues resulting from the AIDS epidemic. Employers with AIDS patients have three main concerns: determining if the employee is a safety risk to himself or others, screening for AIDS to avoid potential liability and the burden of increased health insurance costs. Arbitrators need the power to consider federal and state law if they are to resolve disputes regarding employees with AIDS effectively and with finality.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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- Abstracts: Qualified immunity as a defense to Federal Wiretap Act claims. The justiciability of municipal preemption challenges to state law
- Abstracts: Individual liability of supervisors for acts of sexual harassment. Passive inhalation of marijuana smoke: creating a workable standard
- Abstracts: The continuing viability of the 1875 Supreme Court case of Totten v. United States. Procurement authorities of the CIA
- Abstracts: Disabilities Act: firms not ready; many offices have not adapted to handicapped. Solid, conservative and growing; Milwaukee firms expand - mostly outside home offices
- Abstracts: Latham disqualified from case; contacts with experts. Reliance on counsel is accepted as defense. Calif. attorney sues his former employers