James Walsh - Mastering diversity: managing for success under ADA & other anti-discrimination laws

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title	:	Mastering Diversity : Managing for Success Under ADA & Other Anti-discrimination Laws Taking Control Series
author	:	Walsh, James.
publisher	:	Silver Lake Publishing
isbn10 | asin	:	1563431025
print isbn13	:	9781563431029
ebook isbn13	:	9780585044118
language	:	English
subject	Discrimination in employment--Law and legislation--United States, United States.--Americans with Disabilities Act of 1990, Diversity in the workplace--United States.
publication date	:	1995
lcc	:	KF3464.Z9W34 1995eb
ddc	:	331.133
subject	:	Discrimination in employment--Law and legislation--United States, United States.--Americans with Disabilities Act of 1990, Diversity in the workplace--United States.

Mastering Diversity Managing for success under ADA and other anti-discrimination laws James Walsh MERRITT PUBLISHING A DIVISION OF THE MERRITT COMPANY SANTA MONICA, CALIFORNIA

Mastering Diversity Managing for success under ADA and other anti-discrimination laws First Edition, 1995 Copyright 1995 by Merritt Publishing, a division of the Merritt Company Merritt Publishing 1661 Ninth Street Santa Monica, California 90406 For a list of other publications or for more information, please call (800) 638-7597. In Alaska and Hawaii, please call (310) 450-7234. All rights reserved. No part of this book may be reproduced, stored in a retrieval system or transcribed in any form or by any means (electronic, mechanical, photocopy, recording or otherwise) without the prior written permission of the copyright owner. Library of Congress Catalogue Card Number: 95-073598 Walsh, James Mastering Diversity Managing you workforce under ADA and other anti-discrimination laws Includes index. Pages: 474 ISBN: 1-56343-102-5 Printed in the United States of America.

ACKNOWLEDGEMENTS Writing this book has been a reportorial challenge. The subject matterespecially the Americans with Disabilities Act and affirmative action standardshas been changing almost daily since the project began. Conventional wisdom about what these changes mean has also shifted dramatically. I've been lucky to have a strong staff at Merritt Publishing to help me make sense of the chaos. We've developed a system that works well in researching and analyzing complicated statute and case studies. Luisa Beltran, Pat Sheppard, Tracy Lovik and Ericka Weeks have made the breadth and depth of research in this book possible. Jan King has helped shape it into a coherent argument. Ginger McKelvey has made sure it's gotten into print quickly and cleanly. Mimi Tennant and Cynthia Chaillie have made sure what's gotten into print makes some kind of sense. I thank them all. I also thank James Bovard, Robert Lattimer and Fred Lynch for reading early versions of this book and offering their thoughts. Finally, if a bit sentimentally, I thank my fatheralso James Walsh. He knows the federal legal system intimately. He's helped me in various large and small ways to think about its problems without getting distracted by trivial points. Mastering Diversity is the fourth title in Merritt Publishing's "Taking Control" series, which seeks to help employers and business owners deal with the host of extraordinary risks facing the modern business enterprise. Upcoming titles will cover workplace safety, business insurance, employee compensation and other topics. To keep these projectsand the series as a wholewell focused, the editors at Merritt Publishing welcome feedback from readers. JAMES WALSH

Page i TABLE OF CONTENTS Introduction: Diversity as a Virtue 1 Chapter 1: Disabilities 21 Legislative and political history, Enforcement, The EEOC likes consent decrees, Compliance, Reasonable accommodation, ADA and hiring, Perceived disability, Drug and alcohol use, ADA and AIDS, Effects of a reorganization, ADA and mental health, Genetic testing, Pensions and other benefits, Legal strategies, Related laws, Laying off an injured worker, A focus on training Chapter 2: Age 93 Legislative and political history, Age is something that effects everyone, Enforcement, Compliance, Legal issues, Willfulness and liquidated damages, Mitigating circumstances, Age bias and downsizing, Benefits for older employees, Mandatory retirement, Retirement policies and pensions, Legal strategies Chapter 3: Race, etc 145 Legislative and political history, Title VII is the key, What the law's drafters said, Disparate impact, Business justification, Title VII versus seniority systems, Locked in a lesser position, Enforcement, Compliance, The Role of Statistics, Statistics can rebut claims of intent, Title VII and class action, Legal strategies, The growing role of arbitration Chapter 4: Family and Medical Leave 201

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