Developments in the law: employment discrimination
Article Abstract:
Issues raised in recent employment discrimination decisions and statutory law include increased protections for gays and lesbians and the disabled, changing burdens of proof, updated temporary worker protections and the use of mandatory arbitration. The Americans with Disabilities Act has expanded protections but some clarifications are needed. States have acted to ban sexual orientation discrimination by private employers. Outdated protections for temporary workers should be revised in light of increases in temporary employment. Mandatory arbitration clauses are raising concerns about access to justice in employment disputes.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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The Oregon health care proposal and the Americans with Disabilities Act
Article Abstract:
The health care rationing system adopted in the Oregon Basic Health Services Act of 1989 does not violate the Americans with Disabilities Act of 1990 (ADA). The two types of discrimination claim provided in the ADA, denial of meaningful access and improper eligibility criteria, do not apply to the Oregon plan. However, the ADA does provide an appropriate level of intermediate scrutiny to prevent discrimination against people with disabilities as a result of quality-of-life decisions in health care prioritization plans.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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Toward reasonable equality: accommodating learning disabilities under the Americans with Disabilities Act
Article Abstract:
The American with Disabilities Act (ADA) is unlike previous civil rights legislation because ADA balances the interests of both the learning disabled and the institution. Courts should focus on this balancing and also lead institutions to think anew since ADA demands a new approach. Congress' intent was for courts and institutions to focus on the abilities of people rather than their disabilities, and to provide a reasonable approach to securing access for people to fulfill their potential.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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- Abstracts: Genetic discrimination: Huntington's disease and the Americans with Disabilities Act. The Americans with Disabilites Act as risk regulation
- Abstracts: Development in the law: international criminal law. Almost private remedy: foreign party suits and the U.S. antitrust laws
- Abstracts: Labor pains: the rights of the pregnant employee. A hardy transplant: the duty to accomodate and disability rights in Canadian labour law
- Abstracts: The tragedy of the telecommons: government pricing of unbundled network elements under the Telecommunications Act of 1996
- Abstracts: Baird uproar puts lawyer in delicate situation. Verdict trends in 1995 disregard the clamor: congressional tort revision uproar has had little effect