Recent cases brought under the Americans with Disabilities Act hinge upon interpretations of 'disability' as well as 'essential functions' of a particular job
Article Abstract:
The case law issued in the six years since the Americans with Disabilities Act of 1990 (ADA) gives employers some guidelines about avoiding liability under the act. ADA claimants must show they have a disability under the act. In considering this issue, the court will focus more on the abilities of the particular person than on the type of medical condition. Claimants must show they can perform the essential functions of a position with or without reasonable accommodation and that the employer has taken an adverse employment action because of the disability. Employers should analyze all employment decisions according to these guidelines.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Questions confront employers; broad coverage
Article Abstract:
The Americans with Disabilities Act of 1990 (ADA) differs from prior anti-discrimination laws by imposing certain duties on employers rather than just making it illegal to discriminate. Employers must now make good-faith efforts to provide 'reasonable accommodations' that facilitate the work of disabled employees. The ADA took effect on Jul 26, 1992 and it will take time and litigation to work out the gray areas in the law's definition of disability. Employers will probably not want to contest employees' claim of disability if they can provide medical records proving their claims.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Disabilities Act raises conflicts
Article Abstract:
Interpretation of and compliance with the Americans with Disabilities Act of 1990 (ADA) and the EEOC's regulations implementing the law will be a significant challenge for employers and corporate counsel in the years to come. Employers are exempted from ADA obligations if the handicapped person poses a 'direct threat to the health or safety' of the other employees. Some fear that the EEOC's four-part test defining 'direct threat' could diminish the law's protection of the disabled. ADA compliance could also result in a prima facie violation of the Equal Pay Act.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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