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Court takes new tack in employment suits; since the late 1980s, the U.S. Supreme Court has drifted away from its pro-employer position

Article Abstract:

A string of US Supreme Court decisions since 1989 indicate a shift from the prior stance favoring employers to a more moderate one recognizing the interests of both employers and employees. The Civil Rights Act of 1991 played an important role in this change, as did some changes in the court's membership. Significant rulings have held that the Act cannot be applied retroactively, and that plaintiffs discriminated against are entitled to relief despite after-acquired evidence of their wrongdoing.

Author: Sellier, Bertrand C., Batlan, Felice J.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
Cases, Practice, United States. Supreme Court

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ADA may let workers do some jobs at home

Article Abstract:

Providing qualified disabled employees with reasonable accommodation to enable them to perform their jobs may involve allowing them to work at home under the Americans with Disabilities Act of 1990 (ADA). Since the ADA provisions covering employment just took effect in mid-1992, the courts have not yet had a chance to interpret the statute, but cases brought under the Rehabilitation Act of 1973 indicate that 'reasonable accommodation' includes allowing a disabled employee to work at home.

Author: Hoffman, Jerome A., Aldir-Hernandez, Laura
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
Home labor

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Circuits uphold summary relief in ADA lawsuits

Article Abstract:

Some courts have granted summary judgment in Americans with Disabilities Act of 1990 (ADA) lawsuits when the judges felt there was insufficient evidence discrimination had occurred. Some courts, on the other hand, have held that factual issues regarding intent cannot be resolved by summary disposition. What constituted an ADA disability was one of the issued resolved by summary judgment. Various ADA cases are discussed.

Author: Sellier, Bertrand C., Batlan, Felice J.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
Analysis, Summary judgments

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Subjects list: United States, Employment discrimination, Laws, regulations and rules, Discrimination against disabled persons, Handicapped discrimination
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