Employment law; defining disability

Article Abstract:

Much case law deals with whether individuals still qualify as disabled when their condition is controlled by medication. The EEOC, and its interpretive guidance on the Americans with Disabilities Act, states that disability must be determined without considering mitigating measures such as medicine or various assistive devices. Handicapped job applicants who need a "reasonable accommodation" from the employer to be qualified for a job they hold or want are plaintiffs in most of the case law.

Laws, regulations and rules

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Employment law; 'disability' honed

Article Abstract:

The US Supreme Court issued rulings in three separate ADA cases in mid-1999, all involving the definition of a disability. The EEOC has also attempted to influence courts with interpretive guidelines on the definition of disability. The Supreme Court cases are discussed and included Sutton v. United Airlines, Murphy v. United Parcel Service, and Albertsons, Inc., v. Kirkingburg.

Cases

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Employment law: workplace violence

Article Abstract:

Issues regarding the conflict between the employer's duty to prevent workplace violence and comply with the Americans with Disabilities Act(ADA) are discussed.Mentally ill employees are sometimes guilty of acts of violence, and the ADA limits employer's ability to avoid hiring such people and to dismiss them once hired.

Prevention, Workplace violence

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