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To bolster this interpretation of the CFEPA, the court looks at cases that have applied the law, finding that they did not look to the limitation of life activities that is required in the narrower view espoused by the ADA. Consequently, the court rules that using the ADA to determine the CFEPA claim was erroneous.
With regards to the second question, the court looks at the language of the statute, where there is nothing to say that Beason can bring a claim for perceived physical disability discrimination. The court also looks at legislative history, which demonstrates that in the case of other anti-discriminatory statutes, there is language prohibiting discrimination based on a perception (as opposed to just discrimination based on something that is in fact there). The court views this as the legislature intending not to allow a claim for discrimination based on the perception that one is disabled and interprets the statute as such. Furthermore, the court finds no persuasive case law supporting Beason and rules against him, upholding the district court's decision.
The statutes that comprise the CFEPA, in particular Connecticut General Statute Section 46a-60, prohibit discriminatory employment practices. Part 1 of...
United Technologies because it explicitly prohibits an employer from refusing to employ or discharging someone because he or she has a physical or mental disability. In defining disability, the related statute at Section 46a-51 has the applicable definitions that are relevant to determining what is and is not a disability.
The statute at Section 46a-60 of the Connecticut General Statutes also enumerates a number of other ways an employer is prohibited from discriminating against its employees. This statute is aimed at avoiding unfair treatment of employees, much like the rest of the CFEPA that demonstrates, in the name of the act, a desire by the Connecticut legislature to define fair employment practices. 46a-60 defines other violations such as firing someone because of genetic information, refusing to grant leave for pregnancy, and others. This statute is one of many in the category of state anti-discriminatory statutes, drawing similarities from those as well as related federal law.
Relevant Authorities
Beason v. United Technologies, 337 F.3d 271 (2nd Cir. 2003)
Connecticut Fair Employment Practices Act, Con. Gen. Stat. § 46a-51 et seq.
Relevant Authorities
Beason v. United Technologies, 337 F.3d 271 (2nd Cir. 2003)
Connecticut Fair Employment Practices Act, Con. Gen. Stat. § 46a-51 et seq.
Workers Compensation Law The paper contains an in-depth explanation of Workers' Compensation Law in light of various court cases. The terminology implies a payment given to employees by their employers for a portion of the cost of damages, injuries or occupational diseases. The magnitude of this responsibility upon the employer varies in different countries and states of United States. Most of the worker's compensation systems today, comprise of a proper legislation
For instance, any retraining measures should focus primarily on the Medical Provider Network and the Independent Medical Evaluator as these issues will be where a majority of client questions will come in. When a potential client calls with a question regarding getting medical treatment for a work injury, a staff member must be capable of both providing accurate information and in convincing the caller that professional legal services are
.. society should bear the burden of any misfortunes." (Review guide for the CRC examination: Workers Compensation). Thus, according to this review guide, worker's compensation emerged to treat industrial accidents as predictable costs shared by all consumers regardless of fault. It replaced a failed legal system where employers had once successfully defended themselves against workers' law suits using various common law defenses that made them virtually immune from legal responsibility.
WORKER COMPENSATION AND WRONGFUL TERMINATION 1Worker Compensation and Wrongful TerminationCase Scenario 1Georgia�s case presents several ethical and legal issues related to employment. Title VII of the 1964 Civil Rights raises legal issues related to racial discrimination and retaliation at the workplace. Title VII covers all employers with at least fifteen employees and makes it unlawful for an employer to discriminate against an employee on the basis of national origin, gender,
Other acts include the Federal Employment liability Act, the Marchant Marine Act and the Longshore and Harbor Workers' Compensation Act. There are also workers compensation acts that are geared towards problems associated with illnesses or health concerns that have arisen from working in certain industries. One example of this is the Black Lung Benefits Act. This particular act provides compensation for miners who acquire www.nlm.nih.govPneumoconiosis a lung disease that develops
The IRS may also impose a 10% excise tax or a maximum of $10,000 on an officer who knowingly entered into a transaction (Samuels and Shoretz). When this happens, the official endeavors to enter a rebuttable presumption that the compensation and benefits are reasonable (Samuels and Shoretz 2002). The board of directors or trustees must approve the three criteria for the rebuttal. In the first, the board must be composed