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Full-Text Articles in Law
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 …
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.
Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman
Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman
Journal of Law and Health
This article discusses the potential impact that Title I has on the lives of individuals with mental disabilities and methods by which it can be most effectively implemented and enforced. The following section discusses the potential impact that Title I can have on the lives of the mentally disabled, specifically in the areas of independent living and quality of life. Part III will examine problems enforcing Title I which interfere with the ability of the mentally disabled to fully benefit from the statute. The second half of this article discusses how to best implement and enforce Title I from a …
The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman
The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman
Journal of Law and Health
There are essentially three different theories that are used to prove discrimination against people with disabilities: disparate treatment- that a person has been treated differently because of membership in a protected class - may be proved by direct evidence of discrimination or by inference. Today, employers are often open about discriminating against people with disabilities. They frequently know little about disabilities and make their decisions based on stereotypes rather than on individualized assessments. Further, medical examinations and inquiries are required by the ADA to be conducted after a job has been offered thereby enabling job applicants to determine that their …
Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney
Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney
Journal of Law and Health
The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, public accommodations, transportation, communication, and services provided by state and local government. Title I of the ADA addresses employment discrimination against people with disabilities. Among other things, the ADA prohibits an employer from rejecting an applicant solely because of the need to provide that applicant with a reasonable accommodation. At the same time, the ADA requires that an employer maintain confidentiality about the applicant or employee's medical condition or medical history obtained during acceptable inquiries, including those inquiries needed to design appropriate accommodations.