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- Actual control (1)
- Adverse reproductive outcomes (1)
- Americans with Disabilities Act (1)
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- English-only rules (1)
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Articles 1 - 7 of 7
Full-Text Articles in Law
The Washington Industrial Safety And Health Act: Wisha's Twentieth Anniversary, 1973-1993, Alan S. Paja
The Washington Industrial Safety And Health Act: Wisha's Twentieth Anniversary, 1973-1993, Alan S. Paja
Seattle University Law Review
Occupational safety and health did not begin in 1973 in the State of Washington. Although the historical roots of the Washington Industrial Safety and Health Act of 1973 (WISHA) run deep, the adoption of the Act significantly affected the lives of all working men and women in the state. This Article will examine that historical perspective, covering both state and federal law, and will comprehensively detail the current law relating to occupational safety and health in the State of Wasington.
Job Site Safety In Washington: Requiring Actual Control When Imposing Statutory Duties On Job Site Owners, Gregory J. Duff
Job Site Safety In Washington: Requiring Actual Control When Imposing Statutory Duties On Job Site Owners, Gregory J. Duff
Seattle University Law Review
The subject of this Comment is whether the actual control requirement in Hennig should also be employed to find liability in cases involving asserted statutory violations. This Comment argues that Washington courts should employ the same case-by-case control analysis used to impose the common law duty to provide a safe workplace to impose similar statutory duties on a job site owner. Part II of this Comment briefly identifies the possible sources of a job site owner's duties, including common law, contract, and statute. Part III explains the current status of job site owner liability in Washington. This Part carefully distinguishes …
Garcia V. Spun Steak Co.: The Ninth Circuit Requires That Title Vii Plaintiffs Prove The Adverse Effect Of A Challenged English-Only Workplace Rule, Dan Clawson
Seattle University Law Review
Although the Spun Steak decision recognizes that English-only rules may impact Title VII in some circumstances, the court held that an employer's good-faith imposition of these rules on fully bilingual employees does not violate Title VII. Section II of this Comment presents an overview of the substantive law and the enforcement mechanisms of Title VII. Section III outlines the development of federal discrimination law regarding English-only rules. Section IV examines the Spun Steak decision, and Section V analyzes the implications of this decision and its effect on discrimination law in the Ninth Circuit.
A Discussion Of The Washington Industrial Safety And Health Act Of 1973 Presented As: A Preface To The University Of Puget Sound Law Review, Mark O. Brown
Seattle University Law Review
This Preface briefly describes WISHA, the problems of worker safety in Washington, and the role of Labor and Industries in working to solve those problems. In Section II, this Preface addresses the status of worker health and safety in Washington. Section III describes some unique Washington programs that are to be used to combat the problems of worker safety. Section IV describes the cooperative steps that employers and workers are taking to help solve safety problems. Section V identifies new legal standards that are coming to bear on the issue of worker safety. Section VI identifies new frontiers upon which …
Liability For Prenatal Harm In The Workplace: The Need For Reform, Steven S. Paskal
Liability For Prenatal Harm In The Workplace: The Need For Reform, Steven S. Paskal
Seattle University Law Review
This Article describes the causes of action available under current Washington law when a workplace hazard contributes to an adverse reproductive outcome such as miscarriage, birth defects, transplacental carcinogenesis, or other prenatal injury. Part II delineates the wide variety of workplace conditions that may lead to an adverse reproductive outcome, ranging from emotional stress, cigarette smoke, and fall hazards to more traditional teratogen exposures such as lead. Part III describes the types of reproductive harm that can form the basis of a lawsuit in Washington. Part IV notes the theories of liability and the potential defendants, including employers, co-employees, consultants, …
Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr.
Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr.
Seattle University Law Review
This Article argues in support of the trend towards greater protection for workers through the deterrent factor of certain civil liability for WISHA violations resulting in injury. The Article begins by charting the evolution of Washington law on this issue. It then describes the current state of the law on this subject. Finally, it explains how Stute and its progeny are in line with the state's overall trend towards greater worker protection, consistent with the legislative intent of WISHA, and beneficial to not only employees, but employers as well.
From Agoraphobia To Xenophobia: Phobias And Other Anxiety Disorders Under The Americans With Disabilities Act, John M. Casey
From Agoraphobia To Xenophobia: Phobias And Other Anxiety Disorders Under The Americans With Disabilities Act, John M. Casey
Seattle University Law Review
The ADA fails to address behavior disorders in general and phobias in particular. This Comment proposes that the EEOC take two actions. First, the EEOC should pass administrative rules that settle the question of which standards to use in determining whether an individual is mentally impaired. Second, and more impor tantly, the EEOC should issue interpretive guidance that acknowledges the burdens facing persons with hidden behavioral anomalies and phobias, and gives these persons additional help under the Act. Part II of this Comment describes the ADA generally. It explains the Act's purpose and summarizes the Act's legal requirements. Part III …