"Regarded as" disabilities under the ADA
Article Abstract:
The congressional intent of the Americans with Disabilities Act provision that allows individuals to sue if they were discriminated against because they were regarded as disabled has not been considered by the courts using the provision. Employers have been found liable for employee-friendly practices that the courts determined indicated a perception of disability. The courts should adopt the analytical framework provided by the Act to limit remedies to cases where employers were prejudiced instead of attacking all employment actions.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Workplace searches: a legal overview
Article Abstract:
Workplace searches for drugs or stolen items can no longer be carried out without the threat of legal action. Employees have used many arguments to challenge workplace searches, including the 4th Amendment, defamation, false imprisonment and invasion of privacy. The success of each technique is dependent on the status of the employee, whether union or non-union and public or private. Employers can limit their vulnerability by taking practical steps, including consent, notification and securing employees' privacy.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Every breath you take: employee privacy rights in the workplace - an Orwellian prophecy come true?
Article Abstract:
Employers must balance employee privacy rights against their own need to maintain an effective work environment. Employee privacy issues include co-worker dating, privacy rights in e-mail and whether the employer has a continuing right to enquire into an employee's background. The relatively new focus on this developing area of the law means that courts have no clear guidelines to follow in considering a particular claim.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Shoring up malpractice insurance; the importance of prior acts coverage and extended reporting endorsements. The right amount of coverage: taking inventory of risks helps determine malpractice insurance limits
- Abstracts: Medical rationing and the allocation of adjudicatory responsibility under comprehensive health care reform in the 103rd Congress: an administrative lawyer's postmortem
- Abstracts: Treasured tomes: loves of law and history meet on the shelves of collectors. How to treat the press: when the media spotlight lands on your case, think before you speak
- Abstracts: Judge oks 'violence' act, the commerce clause is invoked to sustain the Violence Against Women Act. Judge Sarokin decries criticism of bench, quits; 3d Circuit judge says some are seeking to 'Willie Hortonize' the courts
- Abstracts: Judge oks 'violence' act, the commerce clause is invoked to sustain the Violence Against Women Act. part 2 Carey disqualifier is hard lawman; ex-judge Kenneth Conboy is a former prosecutor, New York native and union foil