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Disability Law Guide

Articles and Commentary Disability Law Commentary From LawHog.com

Americans with Disabilities Act: Guide for Small Businesses.              
Discusses basic requirements businesses must follow to ensure that facilities are accessible. Includes toll-free sources for more assistance.

Equal Rights to First Runs         Kathy Prentice     
Handicapped movie patrons sue for better accessibility to first-run films. Experts say this is the start of a "second wave" of ADA-related suits targeting public facilities.

Are Repetitive Stress Disorders Covered by the ADA? An Employer's Guide to the Confusion         Kenneth Kirschner and Marnie Worth     

EEOC Claims Way Up              
The number of employment-discrimination lawsuits filed has soared in recent years. Many experts point to the increased diversity of the work force as a key reason for the increase.

Where Does the Sidewalk End and the ADA Begin?              
The next major battleground over the scope and meaning of the Americans with Disabilities Act may be the public sidewalk. In City of Sacramento v. Barden, which the U.S. Supreme Court will consider for review at its private conference this Friday, the issue is whether the 1990 federal disabilities law requires local governments to overhaul existing sidewalks to make them more accessible to the disabled.

The Employee Who Bit Off More Than He Could Chew, and the Employer Who Was Forced to Swallow a Workers' Comp Claim              
The Court of Appeals recently considered the issue of whether an employee's injury caused by a piece of candy during work time was a compensable injury for purposes of workers' compensation, or simply an injury incurred while engaging in a recreational or social activity primarily for the employee's personal pleasure.

Labor and Employment: Seniority Can Trump Disability              
The Supreme Court has recently taken yet another bite out of the Americans with Disabilities Act, making it easier for employers who consistently apply seniority systems to handle competing claims of ADA accommodation. The Supreme Court ruled that while a seniority system does not always "trump accommodation requests," it "will prevail in the run of cases.

Harassment of the Disabled: A Workplace Issue              
Claims under the American with Disabilities Act (ADA) traditionally have focused on adverse employment decisions such as terminations or challenged working conditions or assignments. Recently, however, ADA plaintiffs have been adding claims for harassment because of their disability.

Disability Law Commentary From LawHog.com

Americans with Disabilities Act: Guide for Small Businesses.              
Discusses basic requirements businesses must follow to ensure that facilities are accessible. Includes toll-free sources for more assistance.

Equal Rights to First Runs         Kathy Prentice     
Handicapped movie patrons sue for better accessibility to first-run films. Experts say this is the start of a "second wave" of ADA-related suits targeting public facilities.

Are Repetitive Stress Disorders Covered by the ADA? An Employer's Guide to the Confusion         Kenneth Kirschner and Marnie Worth     

EEOC Claims Way Up              
The number of employment-discrimination lawsuits filed has soared in recent years. Many experts point to the increased diversity of the work force as a key reason for the increase.

Where Does the Sidewalk End and the ADA Begin?              
The next major battleground over the scope and meaning of the Americans with Disabilities Act may be the public sidewalk. In City of Sacramento v. Barden, which the U.S. Supreme Court will consider for review at its private conference this Friday, the issue is whether the 1990 federal disabilities law requires local governments to overhaul existing sidewalks to make them more accessible to the disabled.

The Employee Who Bit Off More Than He Could Chew, and the Employer Who Was Forced to Swallow a Workers' Comp Claim              
The Court of Appeals recently considered the issue of whether an employee's injury caused by a piece of candy during work time was a compensable injury for purposes of workers' compensation, or simply an injury incurred while engaging in a recreational or social activity primarily for the employee's personal pleasure.

Labor and Employment: Seniority Can Trump Disability              
The Supreme Court has recently taken yet another bite out of the Americans with Disabilities Act, making it easier for employers who consistently apply seniority systems to handle competing claims of ADA accommodation. The Supreme Court ruled that while a seniority system does not always "trump accommodation requests," it "will prevail in the run of cases.

Harassment of the Disabled: A Workplace Issue              
Claims under the American with Disabilities Act (ADA) traditionally have focused on adverse employment decisions such as terminations or challenged working conditions or assignments. Recently, however, ADA plaintiffs have been adding claims for harassment because of their disability.


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