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Supreme Court outlook: Key employment issues at stake

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in Discrimination and Harassment,Employment Law,FMLA Guidelines,Human Resources

Look for the U.S. Supreme Court to tackle several important business issues this fall, including what constitutes a disability and when a claim is officially filed. The court will open its 2001-02 term on Oct. 1.

What's a disability?

Perhaps the most vexing question facing the justices is how serious an impairment has to be before it qualifies for protection under the Americans with Disabilities Act (ADA). (Toyota Motor Manufacturing v. Williams (No. 00-1089). This case could be particularly interesting because it involves repetitive motion injuries.

The justices will also consider whether an employer's seniority system trumps the ADA's accommodation requirements. The Equal Employment Opportunity Commission (EEOC) says companies must show that circumventing their seniority rules would create an undue hardship. (U.S. Airways v. Barnett, No. 00-1250)

Does arbitration keep EEOC at bay?

One of the first case...(register to read more)

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