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Disability Discrimination And the Workplace

Disability Discrimination And the Workplace

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Описание
Detailed analysis of federal and state disability discrimination laws and the interactions of the ADA with other key employment statutes.

After a dozen years of litigation under the Americans with Disabilities Act (ADA), much controversy still surrounds the courts' construction of its requirements and limitations, and key interpretations of the law have been widely disputed. Today's legal landscape includes additional protective measures in this area, such as state laws that may go beyond the reach of the ADA, as well as other overlapping employment laws that provide related protections. These varying and intersecting disability discrimination laws can provide more potential legal pitfalls for the employment litigator than ever before. Now there's a new treatise from BNA Books that gives a comprehensive analysis of all facets of the law of disability discrimination in the workplace—Disability Discrimination and the Workplace.

Disability Discrimination and the Workplace goes beyond the history of the ADA and the development of federal disability discrimination law in the workplace since its enactment, to comprehensively analyze additional laws on a state-by-state basis. It includes extensive case analysis and evaluates the interaction of the ADA with other key federal and state statutes that affect disabled individuals in the workplace, such as the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), and the Employment Retirement Income Security Act (ERISA). In addition, this incomparable resource takes a detailed approach to a vast number of issues arising under the disability discrimination laws, ranging from questions of coverage to key definitions under the statutes to the legal treatment of a number of specific conditions and disabilities. Disability Discrimination and the Workplace includes issue-by-issue discussions of:

--topics that have caused controversy and debate, such as the definition of protected disabilities under the ADA and the meaning of the obligation to "reasonably accommodate" such conditions --the attitudes of the courts toward employer-initiated arbitration mechanisms (in lieu of court litigation of statutory claims) --remedies available to plaintiffs and defendants litigation strategies, and more. In addition, as part of its thorough discussion of the ADA, Disability Discrimination and the Workplace addresses Title III of the statute, which deals with accessibility issues in a broad range of establishments and operations. This topic is of interest to employment lawyers since they can find themselves working with engineers and architects to help develop facilities and accommodations to comply with these ADA regulations for employees and customers alike.

A thorough index; case table; and thousands of citations to caselaw, statutes and legislative history, regulations and interpretive guidance will help you to expertly prepare—and win—your case.