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The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith
The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith
Seattle University Law Review
In nearly all cases, long-term chronic illnesses satisfy the ADA's broad definition of disability. However, when these illnesses begin to cause absenteeism, the "presence is an essential function" rule effectively denies protection to the victims of these illnesses, as they are no longer "qualified individuals" under the ADA regardless of whether they satisfy the technical requirements for a position. The idea that "presence is an essential function" is a myth because (1) it erroneously assumes that most jobs can be performed only at the worksite, and (2) virtually all employers are able to, and do, accommodate some degree of employee …
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Seattle University Law Review
Most workers' compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington's Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker's injuries are caused by the negligence of a third person who is not in the worker's same employ, the IIA's third-party provision …