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미국법상 장애자의 고용

  • 한국노동법학회
  • 노동법학-홍기갑
  • 노동법학 제15호
  • 2002.12
    251 - 269 (19 pages)
  • 22
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The Americans with Disabilities Act of 1990 prohibits discrimination against parsons with physical and mental disabilities in private employment, governmental services, and in places accommodations run by private entities.<BR> The Rehabilitation Act of 1974 prohibits disability discrimination in programs that receive federal assistance, including employment by federal contractors and subsidized programs of state and local governments.<BR> Two Acts are the principal laws for the protections of employees with disabilities.<BR> Many of the greatest challenges for employers in applying the ADA involve hiring and promotion decisions, but the ADA also significantly contains dismissal decisions.<BR> Employee dismissals implicate the ADA in a variety of situations.<BR> The most obvious is when an employer terminates an employee because of a new disability, such as a loss of limb in an accident or a diagnosis of a disease like AIDS.<BR> ADA violations also may occur if a disability cause absenteeism or behavioral changes that cause an employer to dismiss the employee.<BR> In these situations, Controversies may aries over the employer`s duty to accommodate the disability by adapting its attendance or behavior policy.<BR> In other situations employer may be confronted with demands that they permit the disable to transfer to other positions rater than dismissing, or to return to former positions after a leave occasioned by a disability.

Ⅰ. 서설<BR>Ⅱ. 장애자 보호법의 적용범위<BR>Ⅲ. 사용자의 장애근로자에 대한 의무<BR>Ⅳ.결어<BR>〈Abstract〉<BR>

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