Disability Discrimination in the Workplace

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This text examines the applicable statutory scheme, limitations period, impact of pursuing parallel proceedings, and the standard by which key substantive issues are reviewed on appeal. Presents federal discrimination laws topically and scrutinizes applicable disability discrimination laws in every state. Litigation of claims is examined from both employee and employer perspectives; separate chapters explain trial procedures, remedies, and attorney’s fees. Also examines management and compliance practices and programs, including a cost-effective management plan from an in-house counsel’s perspective.

Features

Examines effective and acceptable trial strategies and sets forth the differences between admissible and inadmissible evidence
Analyzes the three fundamental models of proof of disability discrimination
Explores the impact of the Civil rights Act of 1992
Presents a comprehensive historical overview of disability discrimination in the workplace

Summary of contents
Replacement pages

Part I - Federal Discrimination Laws
Chapter
1. The Americans with Disabilities Act: An Historical Overview
2. Title I: An Overview
3. Rehabilitation Act of 1973
4. Disability Defined
5. Qualified Individual with a Disability and Essential Functions
6. Employment Inquiries, Medical Examinations and Testing
7. Direct Threat Defense
8. Reasonable Accommodation
9. Undue Hardship Defense
10. Alcoholism
11. Drug Dependence, Abuse and Testing
12. HIV Disease
13. Genetic Discrimination
14. Insurance and Other Employee Benefits
15. Collective Bargaining
16. Workers' Compensation
17. Family and Medical Leave
18. Retaliation
Part II - State Discrimination Laws
1. State Disability Discrimination Laws
Part III - Litigation of Claims
1. Settlement Negotiations and Strategy
2. Representing an Individual with a Disability
3. Litigation - An Employee's Perspective
4. Litigation: Employer's Perspective
5. Trial
6. Remedies
7. Attorney's Fees
Part IV - Management and Compliance
1. Personnel Practices Audit for ADA Compliance
2. Disability Management and Return-To-Work Programs
3. Cost-Effective Management of Employment Claims - An In-House Counsel's Perspective
Appendices
Table of Laws and Rules
Table of Cases
Index

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