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Full-Text Articles in Law
The New Labor Law, Kate Andrias
The New Labor Law, Kate Andrias
Articles
Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …
Accommodating Complex Disabilities: Chronic Pain Disorders In The Canadian Workplace, Maia Abbas
Accommodating Complex Disabilities: Chronic Pain Disorders In The Canadian Workplace, Maia Abbas
Electronic Thesis and Dissertation Repository
The duty of accommodation has enabled great progress in Canadian human rights law for persons with disabilities, particularly in the workplace. However, persons with chronic pain disorders have faced greater challenges in accessing the accommodation duty’s promise of equality, which is demonstrated through caselaw analysis. To assess the efficacy of the accommodation of persons with chronic pain disorders, we must answer three questions: (1) what is the theoretical understanding of disability and chronic pain disorders; (2) how are chronic pain disorders accommodated practically (using the workplace as our social illustration); and, (3) what happens after accommodation fails. A hierarchy of …
Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter
Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter
Pepperdine Law Review
This article explores a unique source of stigma suffered by individuals with disabilities in the workplace. Instead of focusing on those with the most stigmatizing disabilities, I focus on those individuals who have disabilities that are not perceived as very severe, yet they still suffer stigma. These individuals are stigmatized because of the special treatment they receive (or are perceived as receiving) through workplace accommodations provided pursuant to the Americans with Disabilities Act (ADA). In prior work, I have called this phenomenon “special treatment stigma,” the harm that arises from receiving special treatment in the workplace, especially when co-workers believe …