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Articles 1 - 30 of 50
Full-Text Articles in Law
The Ada Amendments Act Of 2008: The Pendulum Swings Back, Paul R. Klein
The Ada Amendments Act Of 2008: The Pendulum Swings Back, Paul R. Klein
Case Western Reserve Law Review
No abstract provided.
I Dream Of Gina: Understanding The Employment Provisions Of The Genetic Information Nondiscrimination Act Of 2008, William J. Mcdevitt
I Dream Of Gina: Understanding The Employment Provisions Of The Genetic Information Nondiscrimination Act Of 2008, William J. Mcdevitt
Villanova Law Review
No abstract provided.
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.
Drunk Or Disabled - The Legal And Social Consequences Of Roy Tarpley's Discrimination Claim Against The Nba, Robin L. Muir
Drunk Or Disabled - The Legal And Social Consequences Of Roy Tarpley's Discrimination Claim Against The Nba, Robin L. Muir
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
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.
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 …
A Matter Of Life And Death - Why The Ada Permits Mandatory Periodic Medical Examinations Of "Remote-Location" Employees, Jarod S. Gonzalez
A Matter Of Life And Death - Why The Ada Permits Mandatory Periodic Medical Examinations Of "Remote-Location" Employees, Jarod S. Gonzalez
Louisiana Law Review
No abstract provided.
The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce
The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce
Villanova Law Review
No abstract provided.
Big Talk, Broken Promises: How Title I Of The Americans With Disabilities Act Failed Disabled Workers, Melanie D. Winegar
Big Talk, Broken Promises: How Title I Of The Americans With Disabilities Act Failed Disabled Workers, Melanie D. Winegar
Hofstra Law Review
No abstract provided.
The Equality Trap: How Reliance On Traditional Civil Rights Concepts Has Rendered Title I Of The Ada Ineffective, James Leonard
The Equality Trap: How Reliance On Traditional Civil Rights Concepts Has Rendered Title I Of The Ada Ineffective, James Leonard
Case Western Reserve Law Review
No abstract provided.
How Bizarre: The Third Circuit's Analysis Of The Requirement Of Reasonable Accommodation For Regarded As Disabled Employees Under The Ada In Williams V. Philadelphia Housing Authority Police Department, Maire E. Donovan
Villanova Law Review
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.
Paralyzing Discord: Workplace Safety, Paternalism, And The Accommodation Of Biological Variance In The Americans With Disabilities Act, Alexandra G. White
Paralyzing Discord: Workplace Safety, Paternalism, And The Accommodation Of Biological Variance In The Americans With Disabilities Act, Alexandra G. White
Louisiana Law Review
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.
The Economically Disadvantaged And The Ada: Why Economic Need Should Factor Into The Mitigating Measures Disability Analysis, Christine M. Tomko
The Economically Disadvantaged And The Ada: Why Economic Need Should Factor Into The Mitigating Measures Disability Analysis, Christine M. Tomko
Case Western Reserve Law Review
No abstract provided.
Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth
Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth
Indiana Law Journal
No abstract provided.
Defining Disability In The Ada: Sutton V. United Airlines, Inc., Allison Duncan
Defining Disability In The Ada: Sutton V. United Airlines, Inc., Allison Duncan
Louisiana Law Review
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.
An Application Of The Chevron Doctrine To The Eeoc's Interpretation Of The Ada: Why Mitigating Measures Must Be Considered When Evaluating A Disability, Thais Hernandez
An Application Of The Chevron Doctrine To The Eeoc's Interpretation Of The Ada: Why Mitigating Measures Must Be Considered When Evaluating A Disability, Thais Hernandez
University of Miami Business 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 Holy And The Handicapped: An Examination Of The Different Applications Of The Reasonable-Accommodation Clauses In Title Vii And The Ada, Alan D. Schuchman
The Holy And The Handicapped: An Examination Of The Different Applications Of The Reasonable-Accommodation Clauses In Title Vii And The Ada, Alan D. Schuchman
Indiana Law Journal
No abstract provided.
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 Eeoc's Enforcement Of The Americans With Disabilities Act In The Sixth Circuit, Paul Steven Miller
The Eeoc's Enforcement Of The Americans With Disabilities Act In The Sixth Circuit, Paul Steven Miller
Case Western Reserve Law Review
No abstract provided.
Medicated Mental Impairments Under The Ada: Diagnosing The Problem, Prescribing The Solution, Tami A. Earnhart
Medicated Mental Impairments Under The Ada: Diagnosing The Problem, Prescribing The Solution, Tami A. Earnhart
Indiana Law Journal
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.
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.
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.