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Full-Text Articles in Law
Working With Cancer: How The Law Can Help Survivors Maintain Employment, Ann C. Hodges
Working With Cancer: How The Law Can Help Survivors Maintain Employment, Ann C. Hodges
Law Faculty Publications
Advances in cancer treatment are saving lives, but along with the benefits come challenges. Millions of cancer survivors of working age need to support themselves and their families. This Article looks at the impact of cancer on employment starting with the empirical evidence gathered by researchers affiliated with medical centers. This empirical research provides a base, not previously explored in the legal literature, for assessing the existing laws dealing with cancer and employment (or unemployment). Viewing the law through this lens, which reveals the complex relationship between cancer and employment, exposes both the promise and the weakness of existing laws …
The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges
The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges
Law Faculty Publications
This Article explores the issues raised by application of the ADA in the organized employment setting. The Article begins with an overview of the statute and then analyzes its applicability in the unionized workplace. In addition to recommending changes in the statute and regulations to clarify the obligations of employers and unions under the ADA, the Article makes recommendations with respect to judicial interpretation of the statute in three major areas. In Sections III C through E, the Article analyzes the circumstances under which the union should be held liable for discrimination, recommending that courts assess liability based on the …