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- Americans with Disabilities Act (23)
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Articles 211 - 238 of 238
Full-Text Articles in Disability Law
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Washington and Lee Law Review
No abstract provided.
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
University of Arkansas at Little Rock Law Review
No abstract provided.
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Journal of Health Care Law and Policy
No abstract provided.
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Journal of Health Care Law and Policy
No abstract provided.
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Journal of Health Care Law and Policy
No abstract provided.
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Journal of Health Care Law and Policy
No abstract provided.
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
Journal of Health Care Law and Policy
No abstract provided.
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Journal of Health Care Law and Policy
No abstract provided.
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
University of Arkansas at Little Rock Law Review
No abstract provided.
Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik
Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik
Loyola University Chicago Law Journal
No abstract provided.
The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim
Washington International Law Journal
The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found …
Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland
Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland
UIC Law Review
No abstract provided.
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
BYU Law Review
No abstract provided.
The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny
The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny
Kentucky Law Journal
No abstract provided.
The Impact Of Federal Labor Policy On The Americans With Disabilities Act Of 1990: Collective Bargaining Agreements In A New Era Of Civil Rights, David S. Doty
BYU Law Review
No abstract provided.
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
William & Mary Law Review
No abstract provided.
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
University of Richmond Law Review
The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …
Employer's Guide To The Americans With Disabilities Act: From Job Qualifications To Reasonable Accommodations, 24 J. Marshall L. Rev. 693 (1991), Lawrence Postol, David Kadue
Employer's Guide To The Americans With Disabilities Act: From Job Qualifications To Reasonable Accommodations, 24 J. Marshall L. Rev. 693 (1991), Lawrence Postol, David Kadue
UIC Law Review
No abstract provided.
Improving Handicappers' Civil Rights In Michigan--Preventing Discrimination Through Accommodation, Aldebaran Bouse Enloe
Improving Handicappers' Civil Rights In Michigan--Preventing Discrimination Through Accommodation, Aldebaran Bouse Enloe
University of Michigan Journal of Law Reform
Part I of this Note explains the development of· the current state of handicappers' civil rights law in Michigan, beginning with legislative initiatives and progressing to administrative and judicial decisions. Part II analyzes traditional antidiscrimination theory and suggests how that theory can be adapted to handicappers. By examining hypothetical situations, Part III exposes the disparity between the current state of the law in Michigan and the proposed theoretical analysis and suggests amendments to the MHCRA to reconcile this disparity.
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Michigan Law Review
This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …
Employment Problems Of The Handicapped: Would Title Vii Remedies Be Appropriate And Effective?, Cornelius J. Peck
Employment Problems Of The Handicapped: Would Title Vii Remedies Be Appropriate And Effective?, Cornelius J. Peck
University of Michigan Journal of Law Reform
This Article argues that the employment problems of the handicapped are not well-suited for treatment under a statutory discrimination model. Underlying this argument is the belief that the concept of discrimination is not adaptable to the problems of the handicapped, and efforts to apply it will only worsen existing problems. Part I begins by defining the meaning of discrimination, and then explores the similarities and differences between discrimination against the handicapped, and discrimination based on race, sex, religion, and national origin. The purpose of this discussion is to provide a basic framework for understanding claims that the handicapped should be …
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
William & Mary Law Review
No abstract provided.
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Michigan Law Review
Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …
Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review
Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review
Michigan Law Review
In 1956, the Social Security Act was amended to provide monthly disability insurance benefits to qualifying individuals under a uniform national program administered by the Secretary of Health, Education, and Welfare. Under this program, a claimant is entitled to disability benefits if he is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to be of long continued and indefinite duration." This definition and its accompanying statutory standards were purposely made conservative in order to minimize the problems inherent in initiating the program; it was contemplated that …
The Public Employee And His Government: Conditions And Disabilities Of Public Employment, Jerome J. Shestack
The Public Employee And His Government: Conditions And Disabilities Of Public Employment, Jerome J. Shestack
Vanderbilt Law Review
Even before Mr. Marbury, the public employee and his government have frequently found themselves on opposite sides of the counsel table. Not that public employees are a particularly litigious lot. Faced, however, with the willingness of administrators to deal with them politically and the unwillingness of legislators to protect them adequately, their resort to the courts was inevitable. But the courts also often provided inadequate protection. Decisions which combined ancient concepts with more than a touch of political realism accorded scant recognition to the substantial interests of the ever-growing number of public employees.
In recent years, the traditional cliches in …
Encouragement Of Employment Of The Handicapped, Howard D. Fabing, Roscoe L. Barrow
Encouragement Of Employment Of The Handicapped, Howard D. Fabing, Roscoe L. Barrow
Vanderbilt Law Review
Six million Americans of employable age have a physical impairment which is sufficiently serious to hinder them in finding employment. Included among the handicapped are orthopedics, those having defective vision, hearing or speech, cardiacs, diabetics, epileptics, and others. Employment of handicapped persons is in the interest of society. Employed, the handicapped are tax-payers; unemployed, they are tax-spenders. If they are not given the employment which they desire the handicapped are forced to become a charge on society. To secure their employment, however, is a problem of great magnitude, requiring the cooperation of employers, employees, interested civic organizations and governmental agencies …
Employer's Liability In Hiring Physically Unfit Employee
Employer's Liability In Hiring Physically Unfit Employee
Indiana Law Journal
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