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Full-Text Articles in Law
The Internet- Disability Or Distraction? An Analysis Of Whether "Internet Addiction" Can Qualify As A Disability Under The Americans With Disabilities Act, Blake R. Bertagna
The Internet- Disability Or Distraction? An Analysis Of Whether "Internet Addiction" Can Qualify As A Disability Under The Americans With Disabilities Act, Blake R. Bertagna
Hofstra Labor & Employment Law Journal
No abstract provided.
The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss
The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss
Hofstra Labor & Employment Law Journal
Title I of the Americans with Disabilities Act prohibits employment discrimination on the basis of disability. Since its passage in 1990, debate has raged about whether the statute is doing any good. A steady stream of narrowing court decisions has led some to declare the law a failure. This article reviews the empirical evidence on the effectiveness of Title I. Many studies find a decline in employment rates among the disabled in the wake of the ADA, but the evidence that these declines were caused by the ADA is weak. Title I protects people who require no more than a …
Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp
Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp
Hofstra Labor & Employment Law Journal
No abstract provided.
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Hofstra Labor & Employment Law Journal
No abstract provided.
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Hofstra Labor & Employment Law Journal
No abstract provided.
Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz
Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz
Hofstra Labor & Employment Law Journal
No abstract provided.
State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher
State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher
Hofstra Labor & Employment Law Journal
No abstract provided.
The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell
Villanova Law Review
No abstract provided.
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. …
The Americans With Disabilities Act Protects Individuals With A History Of Cancer From Employment Discrimination: Myth Or Reality?, Susan M. Gibson
The Americans With Disabilities Act Protects Individuals With A History Of Cancer From Employment Discrimination: Myth Or Reality?, Susan M. Gibson
Hofstra Labor & Employment Law Journal
No abstract provided.
The New Genetic Age: Do Our Genes Make Us Disabled Individuals Under The Americans With Disabilities Act, Mark S. Dichter, Sarah E. Sutor
The New Genetic Age: Do Our Genes Make Us Disabled Individuals Under The Americans With Disabilities Act, Mark S. Dichter, Sarah E. Sutor
Villanova Law Review
No abstract provided.
Restoring Regard For The Regarded As Prong: Giving Effect To Congressional Intent, Arlene B. Mayerson
Restoring Regard For The Regarded As Prong: Giving Effect To Congressional Intent, Arlene B. Mayerson
Villanova Law Review
No abstract provided.
Coverage Of Psychiatric Disorders Under The Americans With Disabilities Act, Peggy R. Mastroianni, Carol R. Miaskoff
Coverage Of Psychiatric Disorders Under The Americans With Disabilities Act, Peggy R. Mastroianni, Carol R. Miaskoff
Villanova Law Review
No abstract provided.
Attitudes, Behavior And The Employment Provisions Of The Americans With Disabilties Act, Peter David Blanck, Mollie Weighner Marti
Attitudes, Behavior And The Employment Provisions Of The Americans With Disabilties Act, Peter David Blanck, Mollie Weighner Marti
Villanova Law Review
No abstract provided.
Substantially Limited Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert L. Burgdorf Jr.
Substantially Limited Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert L. Burgdorf Jr.
Villanova Law Review
No abstract provided.
Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly
Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
Hofstra Labor & Employment Law Journal
No abstract provided.
No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr.
No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr.
Villanova Law Review
No abstract provided.
Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman
Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman
Hofstra Labor & Employment Law Journal
This article at 13 Hofstra Labor Law Journal 269 (1996) considers and critiques the treatment of difference under federal antidiscrimination law by discussing and applying key insights from the "Deaf Culture" movement and its scholarship.
Going Beyond The Judicially Prescribed Boundaries Of The Americans With Disabilities Act, Ben Cristal
Going Beyond The Judicially Prescribed Boundaries Of The Americans With Disabilities Act, Ben Cristal
Hofstra Labor & Employment Law Journal
No abstract provided.
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
Indiana Law Journal
No abstract provided.
Employer Health-Care Plans: The Feasibility Of Disability-Based Distinctions Under Erisa And The Americans With Disabilities Act, Susan Nanovic Flannery
Employer Health-Care Plans: The Feasibility Of Disability-Based Distinctions Under Erisa And The Americans With Disabilities Act, Susan Nanovic Flannery
Hofstra Labor & Employment Law Journal
No abstract provided.
The Americans With Disabilities Act: Does The Ada Protect A Person With The Chronic Fatigue Syndrome From Employment Discrimination?, Matthew I. Kozinets
The Americans With Disabilities Act: Does The Ada Protect A Person With The Chronic Fatigue Syndrome From Employment Discrimination?, Matthew I. Kozinets
Hofstra Labor & Employment Law Journal
No abstract provided.
Weight-Based Discrimination And The Americans With Disabilities Act: Is There An End In Sight?, Jeffrey Garcia
Weight-Based Discrimination And The Americans With Disabilities Act: Is There An End In Sight?, Jeffrey Garcia
Hofstra Labor & Employment Law Journal
No abstract provided.
An Overview Of Title I Of The Americans With Disabilities Act And Its Impact Upon Federal Labor Law, Harvey S. Mars
An Overview Of Title I Of The Americans With Disabilities Act And Its Impact Upon Federal Labor Law, Harvey S. Mars
Hofstra Labor & Employment Law Journal
No abstract provided.
Meeting The Challenge At The Mines: The Americans With Disabilities Act, Susan E. Chetlin, Mark E. Baker
Meeting The Challenge At The Mines: The Americans With Disabilities Act, Susan E. Chetlin, Mark E. Baker
West Virginia Law Review
No abstract provided.
Once Is Enough: Evaluating When A Person Is Substantially Limited In Her Ability To Work, R. Bales
Once Is Enough: Evaluating When A Person Is Substantially Limited In Her Ability To Work, R. Bales
Hofstra Labor & Employment Law Journal
No abstract provided.
Dulling A Needle: Analyzing Federal Employment Restrictions On People With Insulin-Dependent Diabetes, Mark L. Bayler
Dulling A Needle: Analyzing Federal Employment Restrictions On People With Insulin-Dependent Diabetes, Mark L. Bayler
Indiana Law Journal
No abstract provided.
Legal Issues Surrounding Preemployment Physical Examinations In The Coal Industry, Daniel L. Stickler, Albert F. Sebok
Legal Issues Surrounding Preemployment Physical Examinations In The Coal Industry, Daniel L. Stickler, Albert F. Sebok
West Virginia Law Review
No abstract provided.