Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Disabilities (3)
- ADA (2)
- Affirmative action (2)
- Discrimination (2)
- Employees (2)
-
- Employment discrimination (2)
- Americans with Disabilities Act (1)
- 1991 amendment (1)
- 2002 (1)
- 2002 term (1)
- Accommodation (1)
- Americans With Disabilities Act (1)
- Americans with Disabilities Act (1)
- Americans with Disabilities Act Amendments Act of 2008 (1)
- Americans with disabilities act (1)
- Americans with disabilities act of 1990 (1)
- Anti-discrimination (1)
- Charter of Fundamental Rights (1)
- Civil Rights Act (1)
- Civil Rights Act of 1964 (1)
- Civil rights (1)
- Collective bargaining (1)
- Color (1)
- Contract law (1)
- Council of Europe (1)
- Desert Palace v. Costa (1)
- Disability (1)
- Disability discrimination suits (1)
- Disabled persons (1)
- Discrimination cases (1)
Articles 1 - 10 of 10
Full-Text Articles in Disability Law
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii
Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii
West Virginia Law Review
No abstract provided.
Summers V. Altarum: Broadening The Definition Of Disability Under The Ada, And The Impact O The New Definition On Employers, Sidney Minter
Summers V. Altarum: Broadening The Definition Of Disability Under The Ada, And The Impact O The New Definition On Employers, Sidney Minter
North Carolina Central Law Review
No abstract provided.
Equality And The European Union, Elizabeth F. Defeis
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy
Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy
Seattle University Law Review
This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Pepperdine Law Review
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an NBA …
Need I Prove More: Why An Adverse Employment Action Prong Has No Place In A Failure To Accomodate Disability Claim, Megan I. Brennan
Need I Prove More: Why An Adverse Employment Action Prong Has No Place In A Failure To Accomodate Disability Claim, Megan I. Brennan
Hamline Law Review
abstract
Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers
Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers
University of Michigan Journal of Law Reform
This Note explores how courts interpret the meaning of “essential functions” under Title I of the Americans with Disabilities Act. To be protected under the ADA, a plaintiff must be able to perform the “essential functions” of her job with or without a reasonable accommodation. In general, courts follow one of two approaches when interpreting this phrase. The first approach narrowly focuses on the employer’s judgment regarding which functions are essential. The second approach considers the employer’s judgment, but looks beyond to consider the broader employment relationship. This Note argues that these different approaches have led to varying levels of …
Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman
Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman
Cleveland State Law Review
The right to reasonable accommodations under the Americans with Disabilities Act includes leave that will enable an employee with a disability to return to work rather than being discharged. This right may seem unreasonable for an employer needing employees to be at work to be productive, raising the question of when leave as an accommodation becomes unreasonable or imposes an undue hardship on an employer. In the absence of specific guidance from the Supreme Court, the circuit courts apply a variety of approaches, ranging from individualized analysis to determinations that any leave exceeding some number of weeks is unreasonable. In …
The Ada Amendments Act Of 2008: Why The Qualified Individual Analysis Is The New Battleground For Employment Discrimination Suits, Andrew E. Henry
The Ada Amendments Act Of 2008: Why The Qualified Individual Analysis Is The New Battleground For Employment Discrimination Suits, Andrew E. Henry
Oklahoma Law Review
No abstract provided.