Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Discrimination (5)
- Health insurance (5)
- Human Genome Project (5)
- Drug testing (4)
- Genetic discrimination (4)
-
- Healthcare discrimination (4)
- Labor and employment law (4)
- Testing in the workplace (4)
- Employment law (3)
- Americans with Disabilities Act (2)
- Employment (2)
- Employment discrimination (2)
- HIV (2)
- Insurance discrimination (2)
- Private employers (2)
- Alternative Dispute Resolution (ADR) (1)
- Breast-feeding (1)
- Cardiovascular health (1)
- Civil liability (1)
- Constitutional law (1)
- Consumer protection (1)
- Criminal liability (1)
- Disability (1)
- ERISA (1)
- Employees (1)
- Employer insurance policy (1)
- Exotic dancers (1)
- Fair Labor Standards Act (FLSA) (1)
- Federal Employer's Liability Act (1)
- Federal preemption (1)
Articles 1 - 21 of 21
Full-Text Articles in Law
From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet
From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet
Journal of Law and Health
Part I of this paper considers the historical foundations, motivations, and evolution of veterans’ disability and employment legislation in the United States. Utilizing disability and employment as its framework, Part II then defines, describes, and critiques contemporary policies for disabled veterans in the areas of federal employment protections and uses of Alternative Dispute Resolution (ADR) within the VA’s disability decision review process. Part III discusses the roles played by disabled veterans and the federal government in policy reform, finding that both sides act as catalysts and barriers to legislative change. This paper concludes in Part IV, recommending legislation that integrates …
Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S., T.J.D. Nadas
Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S., T.J.D. Nadas
Journal of Law and Health
As states start to recognize exotic dancers as employees under Fair Labor Standards Act (FLSA), states that have not yet classified exotic dancers as employees have put club owners in danger of costly litigation for violating the FLSA. Thus, this Note is designed to act as a road map for club owners and state legislators to recognize exotic dancers as employees in compliance with the FLSA and provide insight into how to avoid litigation. This Note analyzes this issue in four parts; Part IV, the analysis, is split into four substantial sections. Part I gives a short summary of the …
A Trip Through Employment Law: Protecting Therapeutic Psilocybin Users In The Workplace, Benjamin Sheppard
A Trip Through Employment Law: Protecting Therapeutic Psilocybin Users In The Workplace, Benjamin Sheppard
Journal of Law and Health
In 2020, Oregon voters legalized therapeutic psilocybin in response to a plethora of scientific studies showing symptom reduction for depression, anxiety, substance use disorders, opioid addictions, migraines, other mental illnesses, HIV/AIDS, and cancer. The legal rethinking regarding therapeutic psilocybin continues in both state legislatures and city councils. Yet, despite state and local legalization or decriminalization of therapeutic psilocybin it remains illegal under the federal Controlled Substances Act. This tension between local and federal law places therapeutic psilocybin users and their employers in a difficult position. Because all types of psilocybin use remain illegal under federal law, a zero-tolerance drug use …
Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp
Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp
Journal of Law and Health
Accordingly, the focus of this Article is on the legal and social evolution resulting from the Civil Rights Act's prohibition of sex-based discrimination- and, in particular, pregnancy-related discrimination - in the workplace. Section II of this Article details the reluctance with which courts and employers initially extended workplace rights to women. Sections III and IV discuss Title VII's prohibition against "sex" discrimination and initial court hesitation to interpret that prohibition to include employees discriminated against on the basis of pregnancy. Sections V and VI provide an overview of federal and Ohio law granting pregnancy-related rights to women, including the PDA, …
Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta
Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta
Journal of Law and Health
Society, including the legal profession, fears the risk of transmission of HIV in an occupational setting. This is particularly true for those in the health care and public safety settings (fire fighters, police, and healthcare practitioners). This note will assert that the law should afford HIV infected public safety and healthcare employees the right to continue in their occupations. According to current medical evidence, when public safety and healthcare employees use universal precautions the risk of transmission to a person(s) assisted is insignificant. At the beginning of the epidemic, the medical profession had yet to conduct research, and the risks …
To Preempt Or Not To Preempt: Hmo Liability Pre And Post Pegram V. Herdrich , Adam D. Glassman
To Preempt Or Not To Preempt: Hmo Liability Pre And Post Pegram V. Herdrich , Adam D. Glassman
Journal of Law and Health
Should consumers have the right to sue their HMOs (health maintenance organizations) for the way they deliver medical care? In recent years, the federal courts have focused their attention upon, inter alia, the issue of whether HMOs have a duty to reveal financial incentive provisions contained in contracts between the HMO plan physicians to plan members and beneficiaries under a health plan. In fact, on June 12, 2000, the United States Supreme Court, in Pegram v. Herdrich, pondered whether HMO physicians and administrators are fiduciaries under the Employee Retirement Income Security Act (ERISA), and if so, must they exercise their …
The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner
The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner
Journal of Law and Health
The explosion in the number and severity of latex allergies began with the emergence of the AIDS epidemic as the Centers for Disease Control issued universal precautions advising health care workers to use protective barriers to prevent the spread of the infection. This resulted in constant use of the gloves by medical workers and a great increase in demand for cost effective gloves. Essentially, the quality of the glove making process decreased, increasing the amount of allergy inducing proteins excreted to wearers. Afflicted workers include physicians, nurses, dentists, dental hygienists, operating room personnel, laboratory technicians and ambulance attendants among others. …
Genetic Discrimination: Does It Exist, And What Are Its Implications?, Paul Steven Miller
Genetic Discrimination: Does It Exist, And What Are Its Implications?, Paul Steven Miller
Journal of Law and Health
Does genetic discrimination exist? Thus far, there have been no cases other than Burlington Northern and maybe a couple of other cases which have been filed by plaintiffs in either federal or state court. Notwithstanding all of the statutes, there haven't been a tremendous amount of charges coming in, people coming to the EEOC (Equal Employment Opportunity Commission), or to respective state agencies and even filing charges. This fact confuses me, because I actually believe that genetic discrimination, as we've been talking about it, is happening more often in the real world than this charge flow would indicate.
Can Employers Put Genetic Information To Good Use, Kathleen C. Engel
Can Employers Put Genetic Information To Good Use, Kathleen C. Engel
Journal of Law and Health
In my talk today I am going to try to answer the question: Can employers put genetic information to good use? Preparing this talk was a challenge because it required me to switch sides of the table. Having represented plaintiffs in employment discrimination cases for ten years, my inclination is to focus on the ways that employers can use genetic information to the detriment of their workers. I chose to talk about the value of genetic information from the employers' perspective because I wanted to force myself to engage in a disciplined study of the issues, rather than simply don …
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Journal of Law and Health
Professor Hoffman and I agree: there ought to be some laws, but I want to talk to you a little bit about two possible, two real goals here. One is to ask you to critically evaluate whether a federal statute is the right remedial response at this point in time, and secondly, to ask you to start thinking about the possibility of drafting into service what we in law refer to as traditional state common-law approaches that actually might give us more and better ways to remedy what's going on than simply turning to Congress.
Pink Slip Introduction, Dena S. Davis
Pink Slip Introduction, Dena S. Davis
Journal of Law and Health
What has changed however, is the degree of worry and concern that people feel about the uses to which their genetic information can be put. When the HGP (Human Genome Project) began, a number of pundits were convinced that the "future knowledge" that genetic information can deliver to consumers and insurers alike would completely undermine the practice of private health insurance, and send our current system crashing to the ground. Needless to say, that has not happened; but with 42 million Americans currently without health insurance, and with insurance tightly entwined with employment, many people fear that genetic information will …
Cardiovascular Genetics: Case Studies, Kenneth G. Zahka
Cardiovascular Genetics: Case Studies, Kenneth G. Zahka
Journal of Law and Health
What I'd like to do in the next 10 or 15 minutes is use a case approach which we all use in medicine as you use in law to give you a flavor for how we as clinicians think about things that are oftentimes obviously genetic. But I want to stress to you that probably a day does not go by or a patient does not go by where I don't think in terms of genetic issues for their cardiovascular health.
Is There A Pink Slip In Your Genes?, J. B. Silvers
Is There A Pink Slip In Your Genes?, J. B. Silvers
Journal of Law and Health
On the insurance company side, it's clear that insurance companies are not well loved by folks. They're not even supposed to do that. At one point after a company had approached QualChoice and told us not to tell the enrollees something that, in fact, had been a policy decision by the company, I was suggesting that perhaps we should change the name to the company to the "Scapegoat Insurance Company," since that really was what we were being paid for, and I think in this argument that may be part of the issue here.
Genetic Testing And Employment Litigation, Harry Zanville
Genetic Testing And Employment Litigation, Harry Zanville
Journal of Law and Health
There are a number of very surprising studies that talk about the absolute amenability of these healthcare providers to turn over information without authority. So when we go over those kinds of facts and in some cases partial assumption together, you end up in a context where bad things can happen to good people, and that's what the Burlington Northern Santa Fe (BNSF) case really was about.
Legislation And Genetic Discrimination, Sharona Hoffman
Legislation And Genetic Discrimination, Sharona Hoffman
Journal of Law and Health
State legislation addresses genetic discrimination in both employment and health insurance. Thirty-one states have passed laws that address genetic discrimination in employment. Approximately thirteen states prohibit employers from requiring applicants to undergo genetic testing as a condition of employment. Some states have more limited restrictions. Florida prohibits only the screening of applicants for the sickle-cell trait. Wisconsin requires employers to obtain written and informed consent from applicants prior to administering genetic tests, but does not preclude their utilization altogether. Some states establish exceptions that permit genetic testing that is job-related or that is conducted, with the employee's written and informed …
Genetic Testing And Employment Litigation, Harry Zanville
Genetic Testing And Employment Litigation, Harry Zanville
Journal of Law and Health
I have only a couple of comments to make that relate to litigation hurdles and how to achieve this balance, and the first thing I want to talk about, following the wonderful presentation is, in fact, we probably don't in some ways even need a new cause of action.
Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall
Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall
Journal of Law and Health
This paper is divided into five sections. Part one deals with background information on AIDS. Part two discusses current federal legislation. Part three examines how AIDS falls under federal legislation and case law, including the resulting impact of hiring AIDS-infected individuals. Part four evaluates possible violations of the Fourth Amendment resulting from the federal legislation and from an employer's mandatory testing of employees for the HIV virus. The last section discusses the government's liability when a public employee transmits AIDS to another individual during the course of employment.
A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage
A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage
Journal of Law and Health
The following bibliography on mandatory drug testing has been compiled to accompany the Symposium on Drug Testing in the Workplace presented by the Journal of Law and Health on November 21, 1986, at the Cleveland Marshall College of Law. It is hoped that this bibliography will benefit not only legal educators and law students, but also the practicing attorney, librarians, employers and employees in the private and public sector, and those whose research and interests require an understanding of the issues raised by this subject.
Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis
Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis
Journal of Law and Health
Certainly, there are appealing rationales for drug testing many government employees and few would dispute that police and fire personnel should be free of any substances which might undermine their job effectiveness. But while government employees may have lesser expectations of privacy than those in the private sector, the courts readily recognize that they have not abandoned all of their individual rights, and do not hesitate to enforce constitutional protections.
Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard
Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard
Journal of Law and Health
Drug testing, or perhaps more appropriately substance abuse testing, is a double-edged sword in the private sector. Not only can the employer be sued as the result of testing but he can be sued for not testing. Private employers find themselves in the classic "damned if you do, damned if you don't" situation. Large corporations are seen as deep pockets when matched against one of their employees and if the plaintiff's lawyer can find an issue and then get his or her case to the jury, corporate pockets can be very deep indeed. Hence, before examining the legal implications of …
Drug Testing: The Union Perspective, Susan L. Gragel
Drug Testing: The Union Perspective, Susan L. Gragel
Journal of Law and Health
The rapid increase in employer-mandated drug testing for workers raises significant questions concerning individual privacy and liberty. Yet, drug testing questions are not limited to individual claims by affected employees. The sweeping move to test workers through urinalysis also presents serious issues for labor unions in the public and private sectors. The developing concerns and issues for labor organizations are outlined in this presentation.