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Full-Text Articles in Law
Disabling Complexity: The Americans With Disabilities Act Of 1990 And Its Interaction With Other Federal Laws, Tory L. Lucas
Disabling Complexity: The Americans With Disabilities Act Of 1990 And Its Interaction With Other Federal Laws, Tory L. Lucas
Faculty Publications and Presentations
Given the daunting breadth, depth, and sheer volume of federal legislation impacting the labor and employment arena, the task of understanding how all of the federal legislation - not to mention state and local legislation and all corresponding regulations and caselaw - interrelates may be an impossible task even for legal experts. One vital area of federal employment legislation involves protecting the rights of individuals with disabilities. The Americans with Disabilities Act of 1990 (“ADA”) seeks “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” To fulfill the ADA's vision to protect …
So What If I'M Gonna Hurt Myself: The Ada's Direct Threat Defense, Tory L. Lucas
So What If I'M Gonna Hurt Myself: The Ada's Direct Threat Defense, Tory L. Lucas
Faculty Publications and Presentations
A high-beam walking ironworker atop a skyscraper develops a severe case of vertigo. A power saw operator develops narcolepsy. Must the employers of these individuals with disabilities tolerate the risk that they pose to their own safety in fear of facing disability discrimination charges by removing the employees from their jobs? The Americans with Disabilities Act of 1990 (ADA) clearly provides a defense to a discrimination claim by an individual with a disability when the employer takes action based on the individual’s posing a direct threat to the health or safety of other individuals in the workplace. This is commonly …