The United States Supreme Court resolves the effect of disability benefit claims upon Americans with Disabilities Act complaints in Cleveland v. Policy Management Systems Corporation

The United States Supreme Court resolves the effect of disability benefit claims upon Americans with Disabilities Act complaints in Cleveland v. Policy Management Systems Corporation

The

United States Supreme Court resolves the effect of disability benefit claims upon Americans with Disabilities Act complaints in Cleveland v. Policy Management Systems Corporation

O'Brien

Christine Neylon

O'Brien, Christine Neylon

Dept. of Business Law, Carroll School of Management

Author

Author

text

article

1999 1999 monographic

1999

1999

monographic

English eng

English

eng

electronic application/pdf digitized other analog

electronic

application/pdf

digitized other analog

Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff’s earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled – even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, /Cleveland v. Policy Mgmt. Systems Corp/., finding that recipients of social security should not be precluded from pursuit of claims under the disability laws. This decision best effectuates the goals of protecting the disabled while promoting full participation in the workforce for all Americans.

Version of record.

Hofstra Labor & Employment Law Journal 1189-3332 17 1 115 127 pp. 115-127 Fall 1999

Hofstra Labor & Employment Law Journal

Hofstra Labor & Employment Law Journal

1189-3332

17 1 115 127 pp. 115-127 Fall 1999

17

17

1

1

115 127 pp. 115-127

115

127

pp. 115-127

Fall 1999

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Business Law HLELJ-v17-OBrien-p115-QC.pdf HLELJ-v17-OBrien-permissions-p115-QC.pdf

Business Law

HLELJ-v17-OBrien-p115-QC.pdf

HLELJ-v17-OBrien-permissions-p115-QC.pdf

MChB English eng

MChB

English eng

English

eng