מעודכן ל:18.11.2024
אנשים עם מוגבלויות
People with disabilities
חוק שוויון זכויות לאנשים עם מוגבלות, תשנ"ח-1998, ס"ח 1658.
Equal Opportunity for Individuals with Disabilities, 42 U.S.C.S. §§ 12101-12213 (LEXIS through Pub. L. No. 117-80) (search: 42 USCS 12101).
Equality Act 2010, c.15 (Gr. Brit.).
דינה פלדמן, יעל דניאלי-להב ושמואל חיימוביץ' נגישות החברה הישראלית לאנשים עם מוגבלות בפתח המאה ה-21 (2007).
נורית שטרוסברג, אסף בן שהם, דפנה הרן, רבקה פריאור ודוד אלכסנדר גאליה בעלי מוגבלות בגיל העבודה בישראל : שכיחות באוכלוסייה, מאפיינים ומצב תעסוקה (2012).
Reasonable Accommodation in the Modern Workplace: Potential and Limits of the Integrative Logics of Labour Law by
Bulletin of Comparative Labour Relations Volume 93 Reasonable Accommodation in the Modern Workplace. Potential and Limits of the Integrative Logics of Labour Law, is the first study to analyse, on a global scale, how employment discrimination law gives shape to an accommodated workplace in three main areas of interest: age, disability, and religion/belief. Increasingly, the modern workplace faces challenges of diversity and employability, and there is a need to match workforce diversity, or workersand’ own characteristics and choices, with employersand’ organizational and business requirements. In this context, the notion of reasonable accommodation inevitably arises. Concepts such as and‘adaptabilityand’ and and‘employabilityand’ not only require workers to adapt to new labour market circumstances, but they are also directed towards employersand’ duties to accommodate work and the workplace to the workerand’s situation. This book is a compilation of articles, which were originally presented as papers at the 2015 meeting of the International Association of Labour Law Journals hosted by the Institute for Labour Law of the University of Leuven. Whatand’s in this book: Issues and topics covered include the following: the scope of and‘reasonable accommodationand’; the definition of and‘reasonableand’ in reasonable accommodation; recognized business requirements that may override the duty to accommodate; when employersand’ neutrality policies to avoid accusations of discrimination may constitute indirect discrimination; use of integration or re-integration strategies to accommodate disabled/incapable workers; use of and‘exit gatewaysand’ that enable employers to avoid liability in cases of disability discrimination; when employers must take into account of workersand’ family lives; and when an obligation to reclassify a worker exists. Sixteen prominent labour and employment law scholars offer in-depth perspectives from labour laws of Belgium, the Netherlands, France, Sweden, Russia, Israel, Canada, the United States, South Africa, and Australia. Each report fully integrates relevant legislation, case law, and legal doctrine and follows the same structure throughout to allow easy comparisons across jurisdictions. Attention is also given to the roles of European Union law and the UN Convention on the Rights of Persons with Disabilities. The book essentially makes clear that reasonable accommodation cannot be narrowed down to a formal anti-discrimination perspective, but that it requires an integrative logic that can grow in a broader labour law context. How will this help you: As a compelling analysis of whether the idea of reasonable accommodation is winning ground in labour law in todayand’s world, this book is of great value. Labour and employment lawyers and judges, as well as corporate counsel and academics, who work with both actual law and powerful legal theory on accommodation, benefit from the actual, up-to-date information and insight provided from globally representative accommodation trends. As a result, the book helps to meet workplace challenges confidently involving accommodations for age, disability, or religion/belief. and
Twenty-Two Cents an Hour : Disability Rights and the Fight to End Subminimum Wage by
In 1938 the Fair Labor Standards Act authorized the use of subminimum wages for workers with disabilities. While some states have banned their use, it remains legal federally. The program known as 14(c) has a long history of poor oversight and abuse. While disability rights have grown in the United States, this issue lags decades behind"
Vulnerability and the Legal Organization of Work by
This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.
Work Accommodation and Retention in Mental Health by
Growing interest in the field of mental health in the workplace among policy makers, clinicians, and researchers alike has been fueled by equal employment rights legislation and increasing disability statistics in mental heath. The importance of addressing this topic is underscored by the fact that depression now ranks second on the hierarchy of occupational disabilities. The problem is compounded by a host of factors, including major difficulties in job retention and productivity experienced by persons with mental health disabilities; younger age and higher education of persons with mental health problems; and labor shortages and an aging workforce in many industrialized countries. In addition, particularly in the United States, the vocational needs of army veterans returning from duty with mental health disorders require system-based solutions and new rehabilitation approaches. The pressure created by these powerful legislative, societal, and economic forces has not been matched by the state of evidence-based practices in the field of employment retention and job accommodation in mental health. Current research evidence is fragmented, limited in scope, difficult to access, and adversely affected by the traditional divide between the fields of psychiatry and psychology on one hand and interdisciplinary employment research and practices on the other. As a result, policy makers, employers, disability compensation systems, and rehabilitation and disability management professionals have been left without a critical "how to" evidence-informed toolbox for occupational practices to accommodate and retain persons with mental health disabilities in the workplace. Currently, no single source of knowledge and research evidence exists in the field that would guide best practices. Yet the need for workplace accommodations for persons with mental health disabilities has been growing and, based on epidemiological trends, is anticipated to grow even more in the future. These trends leave physicians, psychologists, occupational therapists, vocational rehabilitation professionals, disability managers, human resource professionals, and policy makers poorly prepared to face the challenge of integrating and maintaining persons with mental health disabilities in the workplace. The aim of the Handbook is to close the gap between the needs of the professionals and networks that work with or study persons with mental heath disorders in an employment context and the actual knowledge base in the field. The Handbook will be written in language that can easily be understood by readers representing a multitude of disciplines and research paradigms spanning the mental health, rehabilitation, and employment fields of inquiry. The Handbook will contribute an integration of the best quantitative and qualitative research in the field, together with experts' consensus, regarding effective work retention and accommodation strategies and practices in mental health. The book will consist of five major sections, divided into chapters written by recognized experts in these areas.
The Workplace Reimagined: Accommodating Our Bodies and Our Lives by
In the wake of the pandemic, many employers continue to allow their employees to work from home, but much of the workplace remains governed by strict structural norms such as shifts, schedules, attendance, and leave-of-absence policies that determine when and where work is performed. In The Workplace Reimagined, Nicole Buonocore Porter explores how these workplace norms marginalize people with disabilities and workers with caregiving responsibilities. Using COVID-19 as a lens to illustrate how entrenched workplace norms are often not inevitable or necessary, Porter theoretically and practically reconceptualizes the workplace to end the stigmatization of these employees and helps readers understand the value of accommodating all workers. The Workplace Reimagined is timely, eye-opening, and will help us realize a workplace in which we account for the reality, the precarity, and the diversity of all our lives and bodies.
עינת אלבין ושגית מור "ייצוג הולם של אנשים עם מוגבלויות בתעסוקה בישראל" עבודה, חברה ומשפט טו, 75 (2018).
דפנה ברק-ארז "זכויות אנשים עם מוגבלות – אחרי עשרים שנה ולקראת השנים הבאות" משפט וממשל כ 259 (2019).
שגית מור "שוויון זכויות לאנשים עם מוגבלויות בתעסוקה - מתיקון הפרט לתיקון החברה" עיוני משפט לה 97 (2012).
45A Am. Jur. 2d Job Discrimination §§ 167-169, Westlaw (database updated Jan. 2022) (sections on disability, Search: AMJUR JOBDISCRIM § 167).
מעודכן ל: 18.11.2024
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