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Focus (Forum & Focus)

Dec. 8, 2007

Disability as a Defense?

Employment Column - By D. Gregory Valenza - Can a rifle-wielding drunk be protected from employer discipline because her alcoholism is a disability? Can a violent and profane employee skirt punishment because he's bipolar? The lines that the 9th Circuit has drawn are not as clear as most employers would like.

EMPLOYMENT COLUMN

By D. Gregory Valenza

      Anti-discrimination laws that prohibit disability discrimination - such as the Americans With Disabilities Act - are among the most difficult employment laws for employers to administer and for employment lawyers to litigate. The law prohibiting disability discrimination differs from most other anti-discrimination laws. The most obvious distinction is that treating employees consistently...

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