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Full-Text Articles in Law

Annual Survey Of Virginia Law: Employment Law, Paul G. Beers Jan 1994

Annual Survey Of Virginia Law: Employment Law, Paul G. Beers

University of Richmond Law Review

The focus of this article is upon employment law in Virginia during 1993 and the first half of 1994. In addition, significant judicial decisions from 1992 are covered. Workers' compensation and unemployment compensation are excluded as topics. Public sector employment law also lies outside the scope of this article. Nevertheless, two decisions of the Supreme Court of Virginia which involve public employees are analyzed. The most turbulent and rapidly evolving area of Virginia employment law lies in tort. The decisions discussed below indicate that employees stand only a modest chance of recovering against their employers in wrongful discharge suits based …


The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges Jan 1994

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 …