Why Multiple Chemical Sensitivity and related conditions should be excluded from the Americans with Disabilities Act
Article Abstract:
Multiple Chemical Sensitivity (MCS) should be excluded from the 1990 Americans with Disabilities Act (ADA) because MCS undercuts ADA's purpose in giving disabled people access to the workplace. The majority of ADA claims have been filed by currently employed people. Filings for MCS and related conditions, allowed because of broad definitions of disabled, have generated a backlash against the truly disabled by government agencies, employers and fellow employees. MCS-affected employees often request unreasonable accommodations and the condition is easily faked.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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Alcoholism and misbehavior: implications of the ADA
Article Abstract:
Some alcoholic employees have attempted to claim Americans with Disabilities Act protection for misconduct in the workplace that could be attributed to their alcoholism. Courts have drawn a distinction between the disability itself and the misconduct that is the basis for termination. They have looked to whether the misconduct was compelled by the alcoholism. Courts have been unwilling to state that tardiness, absenteeism and criminal misconduct cannot be the basis for dismissal simply because alcoholism or drug addiction was involved.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1996
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New approaches to disability in the workplace
Article Abstract:
The Americans with Disabilities Act of 1990 constituted a tangible effort to ensure the rights of the disabled to work, and also highlighted a recognition that disability relates at least as much to the workplace's design and the attitudes of those in the workplace as it does to the handicaps of the disabled. Handicapped individuals may not be too disabled to work if given the appropriate accomodations. Government agencies and labor unions can also play an important role in ensuring employment for the disabled.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1998
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