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Full-Text Articles in Law
In Search Of A Bright Line: Determining When An Employer's Financial Hardship Becomes "Undue" Under The Americans With Disabilities Act, Steven B. Epstein
In Search Of A Bright Line: Determining When An Employer's Financial Hardship Becomes "Undue" Under The Americans With Disabilities Act, Steven B. Epstein
Vanderbilt Law Review
The employment provisions of the Americans with Disabilities Act have been fully effective since July 26, 1994. These provisions require all employers with fifteen or more employees to reasonably accommodate the disabilities of job applicants and employees. Reasonable accommodation can be very expensive: one in every twenty accommodations now being made costs more than $5,000. Although the ADA permits employers to refuse to make accommodations that would cause an "undue hardship," neither the statute nor its implementing regulations provide meaningful guidance regarding how great an accommodation expense must be before the point of "undue hardship" is attained. Consequently, neither employers …
Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow
Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow
Journal of Law and Health
Part I of this article briefly explores the licensing and disciplinary processes. Because each state board has broad discretion in reaching its decisions, an illness might be ignored in one state, trigger only periodic monitoring in another, and be grounds for sanction in a third. As the duty of every state board is the same - to protect patients from incompetent doctors - this disparate treatment is absurd. The implicit notion that the impact of a physician's illness on his ability to practice changes depending on a state line is not credible. Although statutes and cases may use different language …
Medical Futility And Disability Discrimination, Mary Crossley
Medical Futility And Disability Discrimination, Mary Crossley
Articles
The concept of medical futility, which originally developed in the medical literature as a basis for allocating between physician and patient decisional authority regarding end-of-life treatment, is increasingly appearing in discussions regarding possible methods of containing medical costs by limiting treatment. This use of medical futility as a rationing mechanism, whether by a state Medicaid program or by a hospital, raises concerns regarding its impact on persons with severe disabilities near the end of life. This article considers how the applicability of the Americans with Disabilities Act to cost-conscious futility policies might be analyzed. After developing arguments that proponents and …