Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Americans With Disabilities Act; ADA; Equal Employment Opportunity Commission; EEOC; Reasonable Accommodation; Mandatory Reassignment; Disability; Disabled Employee; Disabled; Civil Rights; Employment; Best Qualified Applicant (1)
- Pregancy Discrimination Act; Parental Leave; Parental Leave Policy; Title VII; Men; Parental Leave for Men; Title VII Claim; EEOC; Parental Bonding Leave; Employment Discrimination; Pregnancy-Related Disability Leave; Childbirth; Estee Lauder; JP Morgan; Family Medical Leave Act; Disability Period; Caregiver Leave; Primary Caregiver; Secondary Caregiver (1)
Articles 1 - 2 of 2
Full-Text Articles in Disability Law
Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice
Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice
Brooklyn Law Review
This note directly addresses one of the most pertinent and core civil rights issues—employment rights of individuals with disabilities—and proposes a unique contribution to current scholarship. The problem lies in the interpretation of the Americans With Disabilities Act’s provision that suggests that reassignment “may” be a reasonable accommodation, which is defined as any accommodation required for an employee with a disability to equalize success and opportunity in the workplace. The word “may” in the provision creates confusion over whether reassignment is always reasonable. Hence, circuit courts are divided on the issue of whether mandatory reassignment is always a reasonable accommodation …
Dads Are Parents, Too: Why Amending The Pregnancy Discrimination Act Is Necessary For Courts To Determine If A Parental Leave Policy Violates Title Vii, Krista Gay
Brooklyn Journal of Corporate, Financial & Commercial Law
To attract millennials desiring a work-life balance, large companies have begun to offer new parent leave to both male and female employees and commonly offer longer leave to women than men. Although a company may offer pregnancy disability leave to women without offering similar leave to men, if the company classifies the leave as parental bonding leave, it must be offered equally. If it is not, as highlighted by recent lawsuits against JP Morgan and Estée Lauder, a Title VII claim can arise. Historically, courts have had difficulty deciding if such a policy does in fact violate Title VII, because …