|
|
|
|
(2010) Guide to Federal Sector Disability Discrimination Law and Practice
By: HadleyPrice: $235.00
Sku: 10FSDD
Edition: 2nd/2010 ISBN: 1-932612- Expected Availability: Late 2010
Dear Readers: When the Americans with Disabilities Amendments Act was passed in September 2008, it was obvious that A Guide to Federal Sector Disability Discrimination Law and Practice would need to be revised. Since the Act, which went into effect January 1 of this year, instructed the EEOC to revise its regulations, it seemed reasonable that this would happen with some dispatch and publication date of this summer was set. When the proposed regulations weren’t forthcoming, we pushed the publication date back to this fall. It is only in the last few weeks that the EEOC has sent a draft Notice of Proposed Rulemaking to the Office of Management and Budget for review. Given the amount of time that rulemaking takes, it seems the earliest publication date for the new Guide will now be sometime early next year. I apologize for the delay, but the new book simply can’t be written until we have the EEOC’s final regulations.
In the meantime, if you are interested in the draft regulations, I would suggest you review the comments of Christopher J. Kuczynski,
EEOC’s Assistant Legal Counsel by clicking here.
- Ernest Hadley
The Guide begins with an overview and discussion of the original Rehabilitation Act and its structure, including affirmative action aspects and nonaffirmative action requirements, and explains the new standards under the Americans with Disabilities Act Amendments Act of 2008 and their applicability to Rehabilitation Act cases. It continues with an extensive legislative history that traces development of disability discrimination law through the 1972 Drug Abuse Act, Rehabilitation Act, ADA, and other statutes and regulations.
This Guide is a must for all federal agency managers, supervisors, personnel specialists, and EEO and EAP counselors dealing with medical issues and reasonable accommodation requests, as well as for counselors, investigators, and for advocates who litigate disability cases.
The Third Edition contains even more information on the Rehabilitation Act, ADA and ADAAA as applied to federal sector employment by the EEOC, and incorporates the new definition of individuals with disabilities, including extensive discussion of the new definition of substantial limitation, the reversal of Supreme Court decisions on the effects of mitigating measures, devices and medications, and the new definition of perceived disabilities.
With an emphasis on reasonable accommodation, the Guide contains detailed chapters on physical and mental impairments, major life activities, substantial limitations, and qualified individuals with disabilities.
The Guide also contains an extensive discussion of new EEOC guidance on dealing with performance and conduct problems under the ADA.
Contains detailed discussion of medical examinations and inquiries during the preemployment, post-offer, and post–employment stages.
Covers the evidence agencies need to support a claim of undue hardship and a good faith defense.
Discusses the law developed by EEOC regarding disability discrimination, with emphasis on the following major categories: proof of disability; stress disorders; disqualifying misconduct; risk assessment and the violent or threatening employee; reassignments, job rotation, and job modifications; light–duty; drug use and safe haven provisions; demotion; training requirements; relationship between accommodation, disability retirement, and receipt of worker’s compensation benefits; impact of collective bargaining agreements; involuntary retirement or resignation claims; forced leave; and damages.
Information Link:
Table of Contents (coming soon)
-------
Text Sample (coming soon)
|
|
|
|
|
|
|
