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Full-Text Articles in Law

The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault Oct 1995

The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault

Indiana Law Journal

No abstract provided.


The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith Jan 1995

The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith

Seattle University Law Review

In nearly all cases, long-term chronic illnesses satisfy the ADA's broad definition of disability. However, when these illnesses begin to cause absenteeism, the "presence is an essential function" rule effectively denies protection to the victims of these illnesses, as they are no longer "qualified individuals" under the ADA regardless of whether they satisfy the technical requirements for a position. The idea that "presence is an essential function" is a myth because (1) it erroneously assumes that most jobs can be performed only at the worksite, and (2) virtually all employers are able to, and do, accommodate some degree of employee …