Statutory interpretation -- Americans with Disabilities Act -- Third Circuit holds that unemployable former employees may sue employers
Article Abstract:
The US Court of Appeals for the 3d Circuit ruled, in Ford v. Schering-Plough Corp., that disabled people can sue their former employers for discrimination under the Americans with Disabilities Act (ADA) even if incapable of performing job functions. Previously, the ADA's language had been interpreted to mean that only disabled individuals capable of carrying out their jobs could sue. The Court's distortion of the statutory language constitutes regrettable judicial law-making.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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Evidence - Sixth Circuit holds that Tarasoff disclosures do not vitiate physchotherapist-patient privilege
Article Abstract:
The author discusses a case in which the US 6th Circuit Court of Appeals distinguished between a psychotherapist's duty to breach patient confidentiality to protect a third party against serious threats from the therapist's privilege against testifying about those threats in a criminal prosecution.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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- Abstracts: Statutory interpretation - Family and Medical Leave Act of 1993 - First Circuit holds that the FMLA includes a private right of action for prospective and former employees
- Abstracts: Federal statutes - Electronic Communications Privacy Act of 1986 - Ninth Circuit holds that the Wiretap Act protects electronic communications in storage to the same extent as those in transit