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"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 been

defenseless if Mary had sued after being turned away?'' Justice David H.

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 ADA requires employers to accommodate qualified disabled workers, but makes an exception for those who may be a threat to the safety or health of others on the job." Court Rules Against Debilitated Employee in Disabilities Case

"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 SERVICES PROGRAMS

ADDITIONAL ARTICLES:

Document Name & Link to Document

Description

File Size /Type**

As you know, the ADA provides that no covered entity shall discriminate against a qualified individual with a disability

The term “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 discrimination,”

Back to the Future: a feasibility study on return-to-work programming for people living with HIV/AIDS

Numerous 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 these barriers.

Court Rules Against Debilitated Employee in Disabilities Case

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.

Employer-employee Rights-Australia

Cover Page

Direct and indirect Discrimination

Examples of Discrimination in Employment

This program 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’ Indirect-an unreasonable requirement or condition is imposed

Impairment in pre-work, Race discrimination, pregnancy victimization, sex discrimination

All files pdf

284 kb

318 kb

285 kb

HIV/AIDS and Health Insurance

This 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

(LARGE REPORT-INCREASED DOWN-LOAD TIME)

The 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

PRIVACY AND SECURITY OF PUBLIC HEALTH INFORMATION

(Large report-increased down-load time)

The 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.

Reid/ Clinton Health Tracking Legislation

Senator 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

You’re on 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 problem.

THE PROTECTION AND ADVOCACY SYSTEM AND COLLABORATION WITH LEGAL SERVICES PROGRAMS

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.

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