Journal of Individual Employment Rights最新文献_第8页

Employee Terminated/Cause of Action Dismissed: The Americans with Disabilities Act Provides no Haven for Employees Hypersusceptible to Genetic Illness 雇员被解雇/诉因被驳回:美国残疾人法案没有为易患遗传病的雇员提供避风港

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/M4LV-U9L1-EB95-E9B1

F. Emmerich

{"title":"Employee Terminated/Cause of Action Dismissed: The Americans with Disabilities Act Provides no Haven for Employees Hypersusceptible to Genetic Illness","authors":"F. Emmerich","doi":"10.2190/M4LV-U9L1-EB95-E9B1","DOIUrl":"https://doi.org/10.2190/M4LV-U9L1-EB95-E9B1","url":null,"abstract":"Because modern technology allows an employer to evaluate an employee's genetic code, the potential practice of discriminating against employees deter mined to be hypersusceptible to genetic illness has become a realistic employ ment practice. Although these genetically classified employees may be sub ject to future employment discrimination based on the employer classifying them as \"disabled,\" the employee will not be able to challenge such a dis criminatory practice under the Americans with Disabilities Act. A genetically hypersusceptible employee does not possess the requisite \"disability\" neces sary in order to have an actionable ADA claim against the employer. Because of the developing ability to isolate DNA molecules and to interpret their genetic codes, employers are now capable of evaluating an employee's potential long-term productivity. With a simple blood or urine test, employers can detect whether an employee is \"hypersusceptible to an occupational illness in a given job\" [1, p. 181; 2, p. 771]. Because of this ability to detect an individual's hypersusceptibility to disease based on genetic information, the issue arises of whether an employer can deny employment, terminate employment, or hinder advancement within employment for a hypersusceptible employee [1, p. 181]. Litigation premised on genetic hypersusceptibility is unreported because employers are just beginning to explore its possible use within the employment field. The enactment of the Americans with Disabilities Act (ADA) [3] may provide one avenue in which a plaintiff may challenge an employer's practice of","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123816772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

State Wrongful Dismissal Legislation 州非法解雇法

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/AMY2-7V9J-XAXK-KL7Y

Henry H. Perritt

引用次数: 1

Sexual Harassment Laws: Have We Gone Too Far? 性骚扰法律:我们是否走得太远了?

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/FYY7-EP4Q-FHN9-QKJW

Elizabeth R. Koller

{"title":"Sexual Harassment Laws: Have We Gone Too Far?","authors":"Elizabeth R. Koller","doi":"10.2190/FYY7-EP4Q-FHN9-QKJW","DOIUrl":"https://doi.org/10.2190/FYY7-EP4Q-FHN9-QKJW","url":null,"abstract":"Our forefathers based our decisions to withdraw on a simple principle: \"that all men are created equal.\" Sexual harassment laws are the latest wave in the efforts to protect our fundamental principle. The courts have rendered decisions outlawing the sexual harassment form of discrimination and allow ing victims to sue for damages. Governmental agencies have promulgated guidelines for assessing employer liability. Still, the problem persists. Recently, legislatures have begun to explore new ways of dealing with sexual harassment. These innovative approaches emphasize use of training and alternative dispute resolution. They focus on educating workers and students to respect each other and promote peaceful resolution of problematic issues. Sexual harassment laws will continue to develop until equality is achieved. Our forefathers based our decision to withdraw from English rule on one simple principle: \"that all men are created equal\" [1]. This fundamental principle stands as a shining beacon guiding immigrants to our shores. Men and women of all shapes, sizes, colors, and creeds built our country. Each lent a piece, which formed a patchwork of the highest quality. Thus, the United States should constitute a conglomerate of the best of all these various cultures. We have developed our laws in accordance with that goal. The United States Constitution, the first law ever passed in the United States, originally set up our new government: a government that gave all classes of people at least an indirect say in the passage of future laws [2]. Shortly after enacting the original Constitution, our forefathers amended the supreme law of the land to © 1995, Baywood Publishing Co., Inc. 101 doi: 10.2190/FYY7-EP4Q-FHN9-QKJW http://baywood.com","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115800943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Book Reviews: Disability Discrimination in Employment Law , by Robert L. Burgdorf, Jr. 书评:《就业法中的残疾歧视》，罗伯特·l·伯格多夫著。

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/PEL7-EQUN-FN0D-2FBK

Kurt H. Decker

引用次数: 0

Suing Under the Americans with Disabilities Act or Seeking Disability Benefits: A Hobson's Choice for People with Disabilities 根据《美国残疾人法案》起诉还是寻求残疾人福利:残疾人的霍布森选择

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/69YP-QKBT-UGQ0-HVAC

Scott Johnson

引用次数: 0

Employer Regulation of Off-Duty Smoking: Meeting the Needs of Employers and Employees with Smoking Cessation Programs 雇主对下班吸烟的管制:用戒烟计划满足雇主和雇员的需要

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/B3EF-TXW8-AE1V-R0L5

Amy H. Moorman

{"title":"Employer Regulation of Off-Duty Smoking: Meeting the Needs of Employers and Employees with Smoking Cessation Programs","authors":"Amy H. Moorman","doi":"10.2190/B3EF-TXW8-AE1V-R0L5","DOIUrl":"https://doi.org/10.2190/B3EF-TXW8-AE1V-R0L5","url":null,"abstract":"While attempting to reduce costs stemming from debilitative health condi tions of their employees, many employers have implemented policies regulat ing off-duty smoking. Consequently, a majority of the states have passed laws which protect the smoker's right to be free from discrimination. These laws are unsatisfactory due to their uncertain reach and their elevation of smokers to the status of a protected class. Also, employers must have some freedom to strive toward reducing the costs they bear as a result of their employees' smoking habits. However, a tension exists between the needs of employers and the privacy expectations of individuals. Invasive off-duty smoking policies may negatively affect employee attitudes, loyalty, and performance. Smoking cessation programs are a less intrusive means to achieve employers' legitimate goals. As American companies have confronted increasing competitive pressures and sought means to operate in a lean and efficient manner, many have implemented employee policies geared toward cost reduction. Because health care costs are rising rapidly, some companies have endeavored to alter those behaviors of their employees that contribute to debilitative and costly health conditions. Cigarette smoking is the primary preventable cause of illness and premature death in this country [1, p. 43] and is consequently an employee behavior that most employers would desire to modify. Some organizations have actually adopted policies that either prohibit their employees from smoking on and off the job or preclude the","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127756181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Lawyers and Covenants Not to Compete 律师和契约不竞争

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/DFTE-YVRF-GPW3-W3GH

Rob Varan

引用次数: 0

The Americans with Disabilities Act: Employee Right to Privacy v. Union Right to Know 美国残疾人法案:雇员隐私权诉工会知情权

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/5GJT-6AW0-HV0L-EARM

Bernadette Marczely, David W. Marczely

引用次数: 0

Cook v. State of Rhode Island: Expanding the Application of "Perceived Disability" Under U.S. Disability Laws 库克诉罗德岛州案:扩大美国残疾法中“感知残疾”的适用范围

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/MN67-HT26-4BXP-MHAC

R. K. Robinson, R. L. Fink, Dave L. Nichols

{"title":"Cook v. State of Rhode Island: Expanding the Application of \"Perceived Disability\" Under U.S. Disability Laws","authors":"R. K. Robinson, R. L. Fink, Dave L. Nichols","doi":"10.2190/MN67-HT26-4BXP-MHAC","DOIUrl":"https://doi.org/10.2190/MN67-HT26-4BXP-MHAC","url":null,"abstract":"The federal district court for the District of Rhode Island has recently ruled that a morbidly obese woman is entitled to protection under the Vocational Rehabilitation Act because her obesity was \"perceived\" as a disability. Though certain aspects of this ruling are specific to the particular actions of the employer in this case, a precedence for future rulings based on perceived disabilities has been created. This is of particular concern as the requirements for establishing \"perceived disability\" under the Rehabilitation Act are essen tially the same as those covered by the more inclusive Americans with Disabilities Act. On November 22,1993 the Federal District Court for the District of Rhode Island ruled that the Rhode Island Department of Mental Health, Retardation, and Hospi tals (MHRH) had violated the Rehabilitation Act of 1973 [1] by denying the complaining party a position as an institutional attendant for the mentally retarded (ΙΑ-MR) because she was \"morbidly obese\" [2]. Medically, an individual is considered to be morbidly obese if that individual weighs more than twice that individual's optimal weight or is in excess of 100 pounds of their optimal weight [3]. The popular press immediately concluded that this interpretation of federal disability laws would provide Equal Employment Opportunity (EEO) protection","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133048949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Development of a Measure of Americans with Disabilities Act (ADA) Awareness 制定美国残疾人法案(ADA)意识的衡量标准

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/AWAT-MTHF-L429-3UHW

M. Fusilier, C. Gullett

{"title":"Development of a Measure of Americans with Disabilities Act (ADA) Awareness","authors":"M. Fusilier, C. Gullett","doi":"10.2190/AWAT-MTHF-L429-3UHW","DOIUrl":"https://doi.org/10.2190/AWAT-MTHF-L429-3UHW","url":null,"abstract":"It is unclear whether the large number of ADA complaints being filed stem from intentional discrimination against the disabled or from a lack of knowledge of the law on the part of employers, those affected, and the general public. Almost no literature exists that empirically addresses the state of ADA knowledge. The present research developed a measure of ADA awareness. The scale was supported by results of a factor analysis. Coefficient alpha reliability was .80. Application of such a scale may be useful in discerning how much is known about the ADA so that appropriate actions may be taken to increase compliance. The Americans with Disabilities Act (ADA) is one of the most important pieces of employment legislation passed in this decade. O'Keefe summarized literature suggesting that thirty-five million Americans have disabilities that interfere with life activities [1]. Of those who are severely and chronically impaired, 5.8 million are of working age—between twenty-one and sixty-four years old. Two-thirds of disabled persons between the ages of sixteen and sixty-five are currently not working, although 65 percent say they would work if given the chance. Of those who are employed, their earnings are 30 to 70 percent of their nondisabled counterparts. Rates of unemployment are much higher for the disabled regardless of gender or educational level [2]. In addition to the tremendous numbers of employees potentially affected by the law, employers with as few as fifteen employers are subject to its provisions [3]. Although much has been published © 1997, Baywood Publishing Co., Inc. 71 doi: 10.2190/AWAT-MTHF-L429-3UHW http://baywood.com 72 / FUSILIER AND GULLETT explaining the ADA (e.g., [4-6]), little is known about the extent of the public's awareness and knowledge of this law. More specifically, it is far from clear that either the majority of employers or those protected by the ADA are aware of their rights and obligations. Because Title VII of the Civil Rights Act of 1964 (as amended) and the Rehabilitation Act of 1973 are arguably the most influential guides to the ADA's construction, much precedent is available for understanding the law, even if tentatively at this relatively early date. Drawing from these background sources as well as the law itself, the Equal Employment Opportunity Commission (EEOC) guidelines have set the stage for the interpretation and application of the ADA's provisions. Court rulings on various aspects of the law are also beginning to emerge. On the basis of previous literature, it might be inferred that knowledge of the law is not extensive. Results of a 1993 survey suggest that only 14 percent of firms described themselves as familiar with the ADA [7]. This lack of familiarity is further evidenced by the many ADA training programs that have been developed [8]. Also, the Idea Bank of Santa Barbara, CA has published a quiz to heighten disability awareness [9]. The apparent demand for such items suggests that there is a","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123098786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1