An overview of ADA and its potential effects on workers' compensation law
The goal of the Americans with Disabilities Act of 1990 (ADA) is to eliminate employment discrimination against handicapped individuals. Title I, affecting employers with at least 25 employees, took effect on Jul 26, 1992. On Jul 26, 1994 all employers with at least 15 employees will be affected. The ADA does not preempt state workers' compensation laws, meaning that an employer can disclose information to workers' comp offices and ask applicants about earlier workers' comp filings at the post-job offer stage. The ADA appears to negate the misrepresentation defense to workers' comp benefits.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
The screening of America: the social and legal framework of employers' use of genetic information
Issues concerning the limited protection offered by federal anti-discrimination law against genetic discrimination because genetic status does not fit neatly into the categories established by the law are analyzed. Employers and insurers practice genetic discrimination when they use the results of genetic tests to discriminate against people.
Publication Name: Berkeley Journal of Employment and Labor Law
Second generation employment discrimination: a structural approach
The author discusses regulatory measures aimed at countering exclusionary social practices and patterns of interaction in the workplace that result from unconscious racial and gender bias. An approach linking efforts by the courts, employees, and attorneys that encourages employers to engage in effective problem-solving is suggested.
Publication Name: Columbia Law Review
- Abstracts: An overview of the antitrust analysis of suppression of technology. Foreword
- Abstracts: The intersection of federal health information privacy and state administrative law: the protection of individual health data and workers' compensation
- Abstracts: FASB releases exposure draft of new accounting rules for compensatory stock awards. Compensation hot topics: repricing underwater stock options
- Abstracts: Gitic bankruptcy signals China's new debt policy; Gitic is the first P.R.C. financial institution to be put into bankruptcy; an untested bankruptcy law will now come into play