"Disabled people cannot demand jobs that would
threaten their lives or health, the Supreme Court said Monday in
a victory for employers who argued they could be forced to hire
people who would turn around and sue over workplace injuries.
The unanimous decision makes it clear that employers can turn away
people who want a job even if they would be risking their lives
to do it. The ruling also makes it easier to fire disabled people
who already have jobs that put their health in jeopardy.
``If Typhoid Mary had come under the ADA, would a meat packer have
defenseless if Mary had sued after being turned away?'' Justice
Souter asked rhetorically in his opinion for the court.
The justices reversed a lower court ruling in favor of Echazabal
and sent the case back for further review.
The Equal Employment Opportunity Commission struck the right balance
between protections for workers and employers when it wrote regulations
that applied in Echazabal's case, the court said.
"The protection and advocacy (P&A) system - the nationwide
network of federally-mandated disability rights agencies - and legal
services programs (including federally and IOLTA-funded programs
as well as other public interest law offices) have a shared mission
of providing high quality legal services to persons who may be disenfranchised.
The networks should pool their collective resources wherever possible
to enhance our effectiveness. This article discusses the P&A
network's structure and accomplishments, and suggests specific areas
for collaboration, on a local level, between the P&A system
and legal services programs and other public interest law practices
(collectively referred to herein as legal services programs)."
THE PROTECTION AND ADVOCACY SYSTEM AND COLLABORATION WITH LEGAL
As you know, the ADA provides that no covered entity shall
discriminate against a qualified individual with a
“discriminate” includes “excluding or otherwise denying
equal jobs or benefits to a qualified individual because of
the known disability of an individual with whom the
qualified person is known to have a relationship or
association.” This is known as “association
Back to the Future: a feasibility study on return-to-work
programming for people living with HIV/AIDS
barriers to the effective reintegration of PHAs into the
workforce were identified, particularly in relation to
current income support programs, long term disability plans
and psychosocial issues. However, significant opportunities
exist for programs and partnerships aimed at overcoming
Rules Against Debilitated Employee in Disabilities Case
people cannot demand jobs that would threaten their lives or
health, the Supreme Court said Monday in a victory for
employers who argued they could be forced to hire people who
would turn around and sue over workplace injuries.
Direct and indirect Discrimination
Examples of Discrimination in Employment
has been designed to be implemented in any Queensland workplace
for the purpose of anti-discrimination training with particular
reference to hepatitis C.
Direct discrimination occurs where a
person with hepatitis C is treated ‘less favorably’
unreasonable requirement or condition is imposed
in pre-work, Race discrimination, pregnancy victimization, sex
HIV/AIDS and Health Insurance
brochure is intended to help employers who are concerned
about the impact of AIDS and other expensive illnesses on
their health care costs and their businesses, especially
employers with fewer than 100 employees.
48 kb pdf
How to Comply with the Americans with Disabilities Act: A
Guide for Restaurants and Other Food Service Employers
The ADA is important to food service employers and
employees. Food service employers must avoid discriminating
against people with disabilities while obeying strict public
health rules. Food service workers with disabilities have
rights under the ADA when applying for jobs or when working
for a restaurant, cafeteria, or other food service employer.
OSHA-rules for injury in work area
REPORT-INCREASED DOWN-LOAD TIME)
Occupational Safety and Health Administration (OSHA) is
revising its rule addressing the recording and reporting of
occupational injuries and illnesses (29 CFR parts 1904 and
1952), including the forms employers use to record those
injuries and illnesses. The revisions to the final rule will
produce more useful injury and illness records, collect better
information about the incidence of occupational injuries and
illnesses on a national basis, promote improved employee
awareness and involvement in the recording and reporting of
job-related injuries and illnesses, simplify the injury and
illness recordkeeping system for employers, and permit
increased use of computers and telecommunications technology
for OSHA recordkeeping purposes
AND SECURITY OF PUBLIC HEALTH INFORMATION
purpose of the Model State Public Health Privacy Act project
is to develop a model state law [hereinafter the
"Act"] addressing privacy and security issues
arising from the acquisition, use, disclosure, and storage of
identifiable health information by public health agencies at
the state and local levels. The Act regulates the acquisition,
use, disclosure, and storage of identifiable, health-related
information by public health agencies without significantly
limiting the ability of agencies to use such information for
legitimate public health purposes.
Clinton Health Tracking Legislation
Harry Reid today spoke on the need to identify and track
chronic illnesses and their environmental factors.
RETURNING TO WORK AND KEEPING MEDICARE AND MEDICAID
Social Security – Social Security Disability Insurance (SSDI),
Supplemental Security Income (SSI), or both – but you find
that your benefits aren’t enough to live on. The average
monthly SSDI check is about $890 and SSI pays up to $579 in
2005. But most large industrial states supplement the
federal SSI level: for example, in 2005 SSI, together with
the State Supplementary Payment (SSP), pays up to about $750
in California and up to about $660 in New York… You’ve got a
PROTECTION AND ADVOCACY SYSTEM AND COLLABORATION WITH LEGAL
protection and advocacy (P&A) system – the nationwide
network of federally-mandated disability rights agencies –
and legal services programs (including federally and IOLTA-funded
programs as well as other public interest law offices) have a
shared mission of providing high quality legal services to
persons who may be disenfranchised.
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