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Volumn 33, Issue 1, 1992, Pages 33-39

The ADA, part II: Implications for managers

(2)  Kohl, John P a   Greenlaw, Paul S a  

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EID: 33044488622     PISSN: 00108804     EISSN: 15523853     Source Type: Journal    
DOI: 10.1016/0010-8804(92)90051-6     Document Type: Article
Times cited : (13)

References (15)
  • 4
    • 84914380385 scopus 로고    scopus 로고
    • Editors' note: See also the preceding article in this issue, “Here Comes the ADA—Are You Ready?”
  • 5
    • 84914380384 scopus 로고    scopus 로고
    • The Rehabilitation Act of 1973 requires contractors and subcontractors working on federal projects involving contracts worth at least $2,500 per year to practice nondiscrimination and to employ affirmative action in their hiring practices. In addition, those contractors and subcontractors with annual federal contracts of $50,000 and that employ more than 50 individuals must develop and maintain written affirmative-action plans that satisfy the requirements of the Office of Federal Contract Compliance Programs (OFCCP).
  • 6
    • 84914380383 scopus 로고    scopus 로고
    • The ADA specifically excludes bona fide private clubs and establishments that were exempted from Title II coverage of the Civil Right Act of 1964 (source: 42 U.S.C. 12187).
  • 13
    • 84914380382 scopus 로고    scopus 로고
    • An example of how making a “marginal” function an “essential” function may simply be a subterfuge of discrimination involves sex discrimination. For years, airlines hired women as stewardesses and refused to hire men for similar positions. In the classic case of Diaz v. Pan American Airways, 422 F.2d 385 (5th Cir. 1971), the airline argued that female flight attendants were more soothing than males in time of crisis, and that customer preference was for female (both marginal functions). The court found that the essential functions of flight attendants—serving food, dealing with emergencies, performing the tasks of steward–could be performed equally by men and women. As a result, airlines may not employ just women (or men) as flight attendants.
  • 15
    • 0344682195 scopus 로고
    • In 28 CFR Part 36 (July 26, 1991), Section 36.208, the ADA allows that contagious, short-term illnesses such as the common cold and influenza are not disabling and therefore are not covered by the ADA's provisions.
    • (1991) 56 Federal Register , pp. 8591


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.