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An overview of ADA and its potential effects on workers' compensation law

Article Abstract:

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.

Author: Hill, Terry L., Hollabaugh, Lela M.
Publisher: Federation of Defense and Corporate Counsel
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1992
Discrimination against disabled persons, Handicapped discrimination, Workers' compensation

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The screening of America: the social and legal framework of employers' use of genetic information

Article Abstract:

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.

Author: Draper, Elaine
Publisher: University of California Press
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1999
Employee benefits, Genetic screening, Genetic testing

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Second generation employment discrimination: a structural approach

Article Abstract:

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.

Author: Strum, Susan
Publisher: Columbia Law Review
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 2001

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Subjects list: Laws, regulations and rules, Employment discrimination, United States
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