Detailed analysis of federal and state disability discrimination laws and the interactions of the ADA with other key employment statutes.
After almost two decades 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. Disability Discrimination and the Workplace gives a comprehensive analysis of all facets of the law.
This treatise 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 Employee 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 and 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
This treatise explores the parameters of the Rehabilitation Act, with its development of key definitions such as those that identify individuals with “handicaps”—in that statute’s pre-ADA terminology—and the scope of the critical obligation to reasonably accommodate protected individuals. 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. A thorough index, a case table, and thousands of citations to case law, key statutes, legislative history, regulations, and agency guidance documents will help you to expertly prepare—and win—your case. In today’s competitive employment law arena, your library is not complete without this comprehensive treatise.
