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Full-Text Articles in Law
Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson
Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson
Journal Articles
The Supreme Court has narrowed the doorway into the protected class for the Americans with Disabilities Act of 1990 (ADA) in virtually every employment case. Taking their cue from the Supreme Court, the lower courts have been concerned principally with who is "disabled" and thus protected by the ADA. The answer today is not many people. The courts generally have been so hostile to ADA plaintiffs that it is difficult now to find a case in which the plaintiff was able to prove that he was disabled. Congress contemplated that some impairments would always be disabling. The Supreme Court, however, …
Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien
Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien
Faculty Scholarship
One might think, since passage of the Americans With Disabilities Act of 1990 (ADA),' that the employment story for disabled employees or would-be disabled employees was cheerful, or at least improving. This may be true in so far as obtaining and retaining employment is concerned;' however, the ADA, because it permits employers and third-party insurers to continue to utilize traditional risk management techniques, has resulted in reduced or (in some cases) non-existent employee benefits for the disabled. At the same time, more and more employers are opting to self-insure under the Employee Retirement Income Security Act of 1974 (ERISA),3 in …
Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard
Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard
Articles
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