Implementing the Americans with Disabilities Act. A case report on Sears, Roebuck and Co

Americans with disabilities act: recent and pending u.s. Supreme court decisions and implications for spine professionals

This article highlights recent and pending United States Supreme Court cases interpreting employment provisions of the Americans with Disabilities Act and discusses their implications for spine professionals. The implications include how Spine readers approach evaluations of employees and job applicants with disabilities and workplace accommodations in light of the recent decisions. The cases pending before the Supreme Court involve orthopedic impairments and the "reasonableness" of certain workplace accommodations. Increasingly, spine professionals will be called on to assist in the analysis of these issues. This article will familiarize Spine readers with the legal interpretations under the Americans with Disabilities Act of "disability," "mitigating measures," "qualified individual," and "reasonable accommodations." It illustrates the ways in which spine professionals may be called on to help interpret and apply qualification and safety standards under the Americans with Disabilities Act to assist individuals, employers, attorneys, and other stakeholders in the employment of people with disabilities.

Hospital privileges and the Americans with Disabilities Act

The Americans with Disabilities Act provides protection for equal access to services and employment opportunities for qualified persons with disabilities. Because hospital privileges are essential to physician practice, this article investigates the role of the Americans With Disabilities Act in acquiring and maintaining these privileges. Recent findings from the Act's case law support the concept that: 1) an employer employee relationship exists between the hospital and the non-staff physician for purposes of the Act's analysis, and thus, 2) the Act is applicable to questions of hospital privileges for non-staff physicians. Suggestions for ensuring patient welfare while maintaining compliance with the Act are discussed.

Implementing the Americans with Disabilities Act. 1996 follow-up report on Sears, Roebuck and Co

This article is the second in a series examining the employment practices of Sears, Roebuck and Co. in light of its compliance with the Americans with Disabilities Act of 1990. Sears employs approximately 20,000 persons with disabilities, nearly 7000 individuals with orthopedic disabilities. The article describes findings from two major areas of inquiry relevant for spine professionals: 1) the costs and benefits of workplace accommodations, and 2) the ways in which Sears and other companies informally and formally resolve Americans with Disabilities Act Title I disputes.