Small break in the clouds: status of the WARN Act's sales exclusion

Article Abstract:

Parties to a sale should try to agree on responsibility for any Worker Adjustment Retraining and Notification Act (WARN) obligation to avoid litigation on this issue which may arise later. The difficulty of determining WARN obligations remains after Wiltz v. M/G Transport Services, in which the United States Court of Appeals for the 6th Circuit used the WARN Act sales exclusion. The wisdom of using the timing of employment loss to assign such responsibility appears questionable, even if timing is seen as indicating the causation of such loss.

Cases, Plant shutdowns, Notice (Law)

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But is it still a disability? Judicial views of mitigating measures under the ADA

Article Abstract:

The Supreme Court, during its 1999 session, is expected to resolve conflicting court decisions as to whether persons who use medicine or other measures to cure their impairments are protected by the Americans with Disabilities Act. A related issue is whether the courts should adopt a broad or a narrow definition of 'disability.' The ADA's broad, remedial purpose will be served if the Court rules that impairments must be considered without regard to mitigating measures.

United States, Laws, regulations and rules, Capacity and disability

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