Employement Law Discussion

| January 30, 2017

ADA Protections (graded)

On September 25, 2008, President Bush signed the ADA Amendments Act of 2008 (ADAAA) into law, overturning a series of decisions by the U.S. Supreme Court under the Americans with Disabilities Act (ADA) and expanding the scope of medical conditions protected by the law. What do these changes mean for employers and employees in conjunction with protection against discrimination based on disability in the workplace? What will employers need to do to comply?

OSHA Requirements and Limitations (graded)

OSHA imposes obligations on the employer, but these obligations are not limitless. As federal administrations change, requirements change. Let’s start by focusing on ergonomics. A major concern of OSHA throughout the 1990s was worker maladies such as carpal tunnel syndrome, which was ascribed to long hours sitting in workstations and typing on computer keyboards. Where should OSHA go next with its ergonomics program? What obligation do employers have under OSHA’s general duty clause that protects employees against certain hazards in the workplace, where no other OSHA standard would address the condition?

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