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The Underwhelming Impact Of The Americans With Disabilities Act Amendments, Stacy A. Hickox
The Underwhelming Impact Of The Americans With Disabilities Act Amendments, Stacy A. Hickox
Stacy A. Hickox
The 2008 amendments to the Americans with Disabilities Act (ADA) were intended to expand the protection against discrimination for persons with disabilities beyond the Supreme Court’s narrow interpretation of who is “disabled.” While the amendments and the proposed Equal Employment Opportunity Commission regulations address some of the Court’s narrow interpretations of the ADA, lower courts may still be able to limit coverage of persons with disabilities who are still able to perform tasks which utilize the major life activity which is limited by their impairment, and persons who have impairments with temporary or intermittent effects. Claimants may also be excluded …
Standardizing Liability For Negligent Hiring Of Ex-Offenders, Stacy A. Hickox
Standardizing Liability For Negligent Hiring Of Ex-Offenders, Stacy A. Hickox
Stacy A. Hickox
Employers considering hiring applicants with criminal records face a dilemma. Potential liability for negligent hiring may prompt employers to refuse to hire ex-offenders, since the employer could be liable for harm caused by an employee who has a criminal record, if that harm was foreseeable. Yet the negligent hiring case law provides little guidance for an employer trying to determine when harm is foreseeable. At the same time, nondiscrimination laws require that employers not exclude applicants based solely on their criminal records, since exclusion of ex-offenders will likely have an adverse impact on applicants of color. To resolve this dilemma, …