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Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 32
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Book Description
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 32
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Book Description
Author: United States. Congress. House. Subcommittee no. 5 of the Judiciary Committee
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
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Book Description
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5
Publisher:
ISBN:
Category : Courthouses
Languages : en
Pages : 40
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Book Description
Committee Serial No. 23. Considers H.R. 10843 and H.R. 11941, to authorize court facilities renovations or new construction,
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 24
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Book Description
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5
Publisher:
ISBN:
Category : Courthouses
Languages : en
Pages : 24
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Book Description
Committee Serial No. 23. Considers H.R. 10843 and H.R. 11941, to authorize court facilities renovations or new construction.
Author: William D. Goren
Publisher:
ISBN: 9781627222747
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
Revision of the author's Understanding the Americans with Disabilities Act.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Debbie Kaminer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In June 2015, the United State Supreme Court decided EEOC v. Abercrombie & Fitch, its first case involving an employee's right to religious accommodation in the workplace since 1986. While Abercrombie is the latest in a series of decisions by the Roberts Court that supports religious rights, it is noteworthy since it is the first time that the Supreme Court ruled in favor of a religious employee in a §701(j) case. Under §701(j) of Title VII of the Civil Rights Act of 1964, an employer must reasonably accommodate a religious employee in the workplace if accommodation can be made without undue hardship. This article examines whether there are any unifying principles that can best explain the legal system's treatment of religion in the workplace prior to the Court's decision in Abercrombie. While there has been scholarship addressing specific aspects of §701(j), this is the first article to provide a comprehensive analysis of the unifying principles that the federal courts have relied on in interpreting § 701(j). The author concludes that there are three such unifying principles. First, despite the fact that §701(j) specifically mandates differential treatment of religious employees or reasonable accommodation absent undue hardship courts tend to read §701(j) as requiring little more than formal equality. Second, courts tend to view religion as mutable and therefore not entitled to protection. Third, there is a lack of consensus in American society regarding the importance of religion and many courts express skepticism about the importance or validity of religion and are hesitant to mandate accommodation of religious employees. The result of the federal courts' application of these three principles has been both minimal and inconsistent protection of religious employees in the workplace. The article concludes with a discussion of how the Supreme Court's decision in Abercrombie is likely to impact future §701(j) cases.
Author: Henry H. Perritt
Publisher: Wolters Kluwer
ISBN: 073553148X
Category : Law
Languages : en
Pages : 1706
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Book Description
The Americans With Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements. In one comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation. There's a complete analysis of the rapidly expanding case law - organized by frequently litigated topics, like wheelchair access and AIDS discrimination. In-depth analysis is provided for the numerous federal and state cases and significant regulatory activity by the EEOC cropping up each year. You'll also get thorough analysis of how the Rehabilitation Act of 1973 relates to ADA. The statutory definition of disability and the concept of being andquot;otherwise qualifiedandquot; for a job are also discussed in-depth. And you'll see exactly what employers, business owners, and providers of governmental services must do to make andquot;reasonable accommodation.andquot; Plus, a comprehensive section that organizes case law by type of physical and mental impairment and accommodation by type of job requirement, making analysis easier. Americans With Disabilities Act Handbook has been updated to include: Analysis of a Supreme Court case finding that Wal-Mart class action did not meet requirements of Federal Rules of Civil Procedure 23 Case law applying the 2008 Amendments and EEOC's implementing regulations Analysis of Supreme Court case providing a framework for andquot;cat's pawandquot; proof of disparate treatment Analysis of a Supreme Court case finding retaliation because of a fianceand´e's protected activity Analysis of a Supreme Court case allowing oral requests for FMLA leave Analysis of cases assessing whether the employer erroneously perceived an employee as unable to perform a andquot;range of jobsandquot; Discussion of a case denying safe harbor to a recovering drug abuser Analysis of case allowing an employer to assign an HIV-positive employee to train only those employees signing a waiver Discussion of a case finding that a return-to-work medical examination did not violate the ADA Analysis of the andquot;one-strikeandquot; rule imposed by an employers' association Discussion of a case finding that reductions in paratransit services did not violate ADA New cases rejecting challenges to arbitration
Author: Susan Gluck Mezey
Publisher: University of Pittsburgh Pre
ISBN: 0822972794
Category : Law
Languages : en
Pages : 248
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Book Description
The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy.Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making was for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
