Religious speech in the workplace: harassment of protected speech?

Article Abstract:

Religious speech at places of employment raises several issues which courts must resolve by considering the interests both of employees desiring to speak religiously in the workplace and those who are harassed because of their religion. Prohibitions of religious speech at work may violate Title VII of the Civil Rights Act of 1964, which bars employment discrimination based on religion. Courts have defined what harassment is improperly based on religion under Title VII.

Freedom of speech, Work environment, Religion, Harassment (Law), Harassment, Religion in the workplace

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"Typhoid Mary" meets the ADA: a case study of the "direct threat" standard under the Americans with Disabilities Act

Article Abstract:

The case of Mary Mallon, known as "Typhoid Mary" because she was a healthy carrier of that disease, may help in construing the "direct threat" clause of the Americans with Disabilities Act. This clause permits employers to discriminate against a disabled person who poses a direct threat to the health or safety of others. Consideration of Mallon's case suggested that application of the direct threat standard should be left to a panel of medical experts.

Health aspects, Occupational health and safety, Occupational safety and health, Mallon, Mary

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Is HIV really a "disability"? The scope of the Americans with Disabilities Act

Article Abstract:

The Supreme Court, in Bragdon v. Abbott in 1998, ruled five to four that asymptomatic HIV infection constituted a disability under the Americans with Disabilities Act of 1990 (ADA). The Court interpreted the ADA's definition of disability to include HIV infection because it substantially limits the major life activity of procreation. This decision improperly enlarged the ADA's application and interpreted it in a way both over- and under-inclusive.

Cases, Case Note, Discrimination against AIDS virus carriers, HIV carriers discrimination

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