Meeting the challenge at the mines: The Americans with Disabilities Act

Journal Article · · West Virginia Law Review; (United States)

OSTI ID:6966850

Chetlin, S E; Baker, M E

In light of the high rate of employment discrimination claims being filed under the Americans with Disabilities Act of 1990 (ADA), as well as the prevalence of disabling injuries in the coal mining industry, coal operators are likely to face a broad range of new challenges under the Act. Unlike other civil rights statutes that simply prohibit employers from discriminating against protected classes of individuals, the ADA requires careful analysis by employers to determine who is protected, whether they can perform the job with or without reasonable accommodations, and which accommodations are required. The answers to these questions will depend upon the facts of the particular case, and coal operators should take steps to assure that they carefully investigate and consider all of the relevant facts when making these determinations. Such careful decision-making and planning, along with a close watch on the EEOC's regulatory guidance and developments within the courts, should enable coal operators and their employees to successfully meet the challenge that the ADA presents at the mines.

• OSTI ID: 6966850
• Journal Information: West Virginia Law Review; (United States), Journal Name: West Virginia Law Review; (United States) Vol. 96:3; ISSN 0043-3268; ISSN WVLRDO
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
017000* -- Coal
Lignite
& Peat-- Legislation & Regulations
COAL INDUSTRY
COAL MINES
EMPLOYMENT
IMPLEMENTATION
INDUSTRY
LABOR
LEGAL ASPECTS
MINES
REGULATIONS
STANDARDS
UNDERGROUND FACILITIES
US AFFIRMATIVE ACTION PROGRAM
WORKMENS COMPENSATION