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Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez
Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez
St. Thomas Law Review
What drives a business? Most simply put, profit. But to what end? Employment classification has a significant impact on a business’s profit. The two most common worker classifications recognized globally are the independent contractor and the employee. This classification determines whether the individual receives access to pay, qualifies for benefits, and gains protection from discrimination. All these factors come at a cost to an employer and result in a cut in their overall profit. In the twentieth century, employment classification has been subject to heavy litigation in a particular field: the gig economy. The gig economy, which primarily grew in …
Future Disabilities And Employment Discrimination Law, Amanda Valero
Future Disabilities And Employment Discrimination Law, Amanda Valero
St. Thomas Law Review
This Article will first discuss the purpose of the ADA, the importance of the 2008 ADA Amendments, and how recent decisions will once again deny protections to individuals who are “regarded as” disabled. Part II describes the evolution of disability law in the form of the Rehabilitation Act, the ADA (Title I – Employment), and its amendments. Part III analyzes the “regarded as” prong of the ADA, the Sutton case which narrowly construed the protections afforded by the ADA, how the Sutton decision negatively impacted individuals discriminated against on the basis of a “disability,” and how the 2008 ADA amendments …