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- Title
What Employees Say, or What Employers Do: How Post-Cleveland Decisions Continue to Obscure Discrimination.
- Authors
Lowe, Lauren
- Abstract
The article reports on the decision of the U.S. Supreme Court on the case of Cleveland v. Policy Management Systems Corp. It analyzes the statutory conflict between the American with Disabilities Act (ADA) and Social Security Act (SSA) claims. The court indicates that Cleveland still allows employers to win summary judgment when employees fail to offer a satisfactory explanation. It suggests ADA plaintiffs to prove that they can perform essential jobs with or without reasonable accommodation.
- Subjects
UNITED States; ACTIONS &; defenses (Law); EMPLOYMENT discrimination; EMPLOYMENT of people with disabilities; CLEVELAND v. Policy Management Systems Corp. (Supreme Court case); UNITED States. Supreme Court
- Publication
Vanderbilt Law Review, 2009, Vol 62, Issue 4, p1245
- ISSN
0042-2533
- Publication type
Article