Posts Tagged ‘The Excuse Factory’

Anne Brunsdale, RIP

Anne Brunsdale, who died recently at age 82 following a long illness, was beloved by a large circle of friends in Washington, D.C., in her native Upper Midwest, and around the country. At the American Enterprise Institute in Washington she founded and edited the magazine Regulation (where she hired me in 1980 to work with her as an associate editor; I left to join the Manhattan Institute four years later). Her career culminated in a presidential appointment to a seat on the International Trade Commission, where she rendered distinguished service for a decade, including some years as chairwoman.

I won’t use words like “mentor” and “role model” to describe Anne’s influence on me, if only because I can imagine her penciling them through with a notation in the margin, “jargon“. I will say that no one in my professional life ever taught me more about how to write, or work with others, or behave as an adult, or see past the political enmities of the day. When I dedicated my book about legal conflict in the workplace, The Excuse Factory, to Anne, it was the inevitable tribute of memory to the perfect boss. If you’d like to learn more about her life and work, Claudia Anderson, long a close friend of hers, has written a very fine appreciation in the new Weekly Standard.

Filed under: Manhattan Institute, The Excuse Factory, WO writings

Killer nurse: hospitals didn’t share records

“‘What I’m coming to understand is that, short of an actual conviction or revocation of a license, none of that information gets shared,’ said Dr. William Cors, chief medical officer at Somerset Medical Center in Somerville, N.J., where Mr. [Charles] Cullen last worked and where, prosecutors say, he may have killed 12 to 15 patients. ‘If anything good comes from this, it would be to reform the system where we’re prevented from telling one another what we know out of fear, quite frankly, of being sued.’ … Ms. Schantz, at St. Luke’s, said, ‘There is no record that anyone called here, ever, for any recommendation on him.’ And if someone had called? She said she was not sure what the hospital would have said. Hospitals are loath to say anything negative, she acknowledged, adding, ‘We’re a litigious society.'” (Richard P?rez-Pe?a, “Hospitals Didn’t Share Records of a Nurse Accused in Killings”, New York Times, Dec. 17). For more on reference liability, see Aug. 7; discussion of pilot and teacher cases from The Excuse Factory (link now dead). See also Mar. 23, 2000. More: Jan. 29, Mar. 3, Mar. 30.

Filed under: hospitals, medical, The Excuse Factory, workplace

Excerpts from The Excuse Factory online

Speaking of our editor’s books, we notice that Amazon.com has recently posted some 49 sample pages’ worth of our editor’s 1997 book on employment law, The Excuse Factory (Free Press), on its page for the book. This means that some portions of the book can now be read in online form for the first time, which we hope will serve as an inducement for many of you to want to buy a copy of the whole thing. The book is still highly relevant for anyone wishing to make sense of the legal mess we’ve made of hiring and firing in this country.

Filed under: The Excuse Factory, workplace

Archived workplace items, pre-July 2003

“U.K. roundup” (perennial litigant), Jun. 12-15, 2003.

“‘Resumé spam saddles employers’“, Jun. 3, 2003.

Fair Labor Standards Act, overtime and employee classification suits, 2003: “Schools roundup“, Apr. 9. 2001: “Wal-Mart- as-‘cult’-suit: it is about the money“, Jun. 14. 2000: “Goodbye to gaming volunteers?“, Sept. 12 (& update Oct. 3); “Why rush that software project, anyway?” (California overtime law), March 29; “And so now everybody’s happy” (temps fired in wake of Microsoft decision), Feb. 17 (& see letters, Dec. 20); “Strippers in court” (challenge to independent contractor status), Jan. 28; “Microsoft temps can sue for stock options“, Jan. 11. 1999: “Don’t call us professionals!“, Oct. 1-3; “Click here to sue!” (AOL volunteers who want to be recategorized as employees), Sept. 7; “Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30; “Click here to sue!” (Seattle law firm offers easy way to sign up for labor law class actions), Aug. 19.

“It ain’t heavy to him, he’s my brother“, May 1-2, 2003; “Firehouse blues” (too-short firefighter), Feb. 20-21, 2002; “Non-pregnant rescuers, please“, Sept. 13, 2001; “Litigators vs. standardized tests, II: who needs sharp cops?“, Feb. 9-11, 2001; “Slow down, it’s just a fire” (Canadian high court strikes down firefighter speed test), Sept. 17-19, 1999; “Perps got away, but equity was served” (Lanning v. SEPTA: challenge to running test given to prospective transit cops), Sept. 15, 1999 (& Oct. 5-7, 2001, Oct. 25-27, 2002).

“U.K.: ‘Killer wrongly sacked for axe attack’“, Apr. 7-8, 2003.

“Maybe crime pays dept.” (annual roundup of weird employment and labor law cases), Apr. 1, 2003.

Their own petard, 2003: “Wellstone campaign didn’t buy worker’s comp for its employees“, Feb. 6-9. 2002: “‘Civil Rights Agency Retaliated Against Worker, EEOC Rules’“, Jun. 14-16; “‘Disability rights attorney accused of having inaccessible office’“, Apr. 25. 2001: “EEOC sued for age bias“, Mar. 6. 2000: “White House pastry chef harassment suit“, Sept. 18. 1999: “Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30 (more).

“Race-bias cases gone wrong“, Jan. 24-26, 2003.

“Vt. high court: ALL-CAPS DISCLAIMER on front page of employee handbook not unambiguous enough“, Jan. 17-19, 2003.

“Ninth Circuit panel sniffs collusion in bias settlement fees“, Dec. 16-17, 2002.

Public employee entrenchment, 2002: “Munched zoo animals, gets six months severance” (Germany), Nov. 8-10; “Convicted, but still on their teaching jobs“, Jul. 10-11; “School told to rehire cocaine abuser“, Mar. 20-21. 2001: “‘Poor work tolerated, employees say’“, Nov. 15. 2000: “Reprimand ‘very serious’ for teacher” (had given 11-year-old girl money to buy marijuana), June 27; “‘Foreman who slept on job wins reinstatement’“, June 7; “From the labor arbitration front” (disallowed firing of Ct. town employee who pleaded no contest to larceny), March 28; “Not to be dismissed” (unfireable workers, Canada and U.K.), Feb. 25. 1999: “Better than reading a lunchtime novel” (IRS employee sues; fired for accessing taxpayers’ personal returns 476 times), Oct. 25; “Undislodgeable educators” (teacher peer review undermined by tenure legalities), Aug. 18.

“‘Nannies to sue for racial bias’” (U.K.), Oct. 30-31, 2002.

“Looking back on EEOC v. Sears” (sex discrimination, statistics and history), Oct. 28-29, 2002.

Appearance and authenticity, 2002: “‘Demand for more ugly people on TV’” (Norway: higher “ugly quotas” sought), Oct. 21. 2001: “Facial-jewelry discrimination charged“, Jul. 2; “Pregnant actress complains at being denied virgin role“, Jun. 21; “‘Fired transsexual dancers out for justice’“, Mar. 23-25. 2000: “Appearance-blind hiring?“, Dec. 26-29; “Latest female Santa case“, Dec. 13-14 (and see Dec. 18-19); “Wal-Mart wins female Santa case“, Oct. 12; “Next: gender-blind stage casting?” (theme restaurant’s hiring of males as “riverboat tough” food servers), Mar. 24-26.

“U.K.: ‘Dr. Botch’ sues hospital for wrongful dismissal“, Oct. 18-20, 2002; “Let them sue us!” (hospitals get sued if they withdraw privileges from questionable doctors), Mar. 23, 2000.

“‘Inundations of electronic resumes pose problems for employers’“, Oct. 16-17, 2002.

“Latest sacked-Santa suit“, Oct. 9-10, 2002 (& Dec. 13-14 and Oct. 12, 2000)

“Right to break workplace rules and then return“, Sept. 16-17, 2002.

“Personal responsibility roundup” (workers’ comp told to compensate worker for his suicide attempt), Sept. 12, 2002; “‘Court upholds workers compensation for drunk, injured worker’“, April 6-8, 2001.

National origin, language on the job, 2002: “Hiring apple pickers = racketeering“, Sept. 9-10; “‘Surgeon halts operation over foreign nurses’ poor English’“, Jul. 25; “No ‘flood’ of Muslim or Arab discrimination complaints“, Jun. 17-18; “Must-know-Spanish rules defended“, May 28-29; “High court nixes back pay for illegal aliens“, Apr. 3-4. 2001: “Sued if you do dept.: language in the workplace“, Dec. 19 (& Nov. 17, 1999); “Competitor can file RICO suit over hiring of illegal aliens“, Dec. 13-14; “Opponents of profiling, still in the driver’s seat“, Nov. 2-4; “Employee’s right to jubilate over Sept. 11 attack“, Oct. 9 (& letters, Oct. 22). 2000: Christian Science Monitor on accent discrimination, see Dec. 18-19; “Green cards gather moss” (immigration delays), Feb. 4; “Back pay obtained for illegal aliens“, Jan. 10 (& Oct. 28, 1999). 1999: “52 green-card pickup” (rules against asking for too much documentation of citizenship in hiring), Oct. 29; “Say what?” (accent), Reason, November 1997.

“Ambulance driver who broke for doughnuts entitled to sue“, Nov. 2-4, 2001 (& Jun. 28-30, 2002).

“Not worth the hassle?” (Home Depot tries to avoid federal contractor status), Jun. 17-18, 2002.

“Advertisement for ‘friendly’ employee deemed discriminatory“, Jun. 10, 2002.

“Catharine MacKinnon, call your office“, May 16, 2002.

“Soap star: ABC wrote my character out of the show” (“medical leave” for drug rehab), Apr. 10, 2002.

“Will EU silence the pipes?” (occupational noise regulation), Mar. 8-10, 2002; “Britain’s delicate soldiery“, Dec. 22-25, 2000.

Retaliation: “Inability to get along with co-workers” (employer’s counterclaim as retaliation), Mar. 8-10, 2002; “Latest lose-on-substance, win-on-retaliation case“, Oct. 16, 2001; “Latest lose-on-substance, win-on-retaliation employment claim“, Jan. 25, 2000; “Employment-law retaliation: real frogs from ‘totally bogus’ gardens“, Sept. 29, 1999.

“Aerobics studio mustn’t favor the svelte“, Feb. 27-28, 2002 (& update May 10-12).

“Jarring discord” (Audubon String Quartet), June 5, 2000 (& June 14, 2001, Nov. 13, 2001, May 10-12, 2002).

“European workplace notes“, Feb. 25-26, 2002.

“‘The Enron mythos’” (employee compensation, 401(k)), Feb. 15-17, 2002.

“Sept. 11 and court awards” (price, payouts of employment liability insurance soar), Jan. 14-15, 2002; “‘Workers win more lawsuits, awards’“, March 29, 2001.

“‘UK women can demand to know men’s salaries’“, Dec. 28, 2001-Jan. 1, 2002.

“Menace of office-park geese“, Dec. 13-14, 2001.

“‘Halliburton shares plunge on verdict’” (law-firm whistleblowing), Dec. 10, 2001.

“An ill wind” (layoffs mean prosperity for employment lawyers), Dec. 4, 2001.

“Rejecting an Apple windfall” (race discrimination suit), Nov. 30-Dec. 2, 2001.

“Sued if you do dept.: co-worker’s claim of rape“, Nov. 7-8, 2001.

“In the mean time, let them breathe spores” (OSHA and anthrax), Nov. 6, 2001.

“Judge may revive ‘Millionaire’ ADA case” (Echabazal v. Chevron: employer’s right to turn away workers who would be injured by job), Nov. 5, 2001.

“‘Attorney Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7, 2001; “Even the chance of loser-pays helps keep ’em honest” (pilots’ union bid for back pay), August 12, 1999.

“Employment class actions: EEOC to the rescue“, Sept. 10, 2001.

“Not discriminatory to kick sleeping worker’s chair” (includes item on U.K. employee privacy), Sept. 3, 2001.

“Firefighter’s demand: back pay for time facing criminal rap“, Aug. 29-30, 2001.

“Negligent to lack employee spouse-abuse policy?“, Aug. 29-30, 2001.

“N.J. court declares transsexuals protected class“, July 30, 2001; “‘Fired transsexual dancers out for justice’“, March 23-25, 2001; “Columnist-fest” (transgender employee sues over no-skirt order), May 31, 2000.

Age discrimination law: “Research for lawyers, courtesy of their targets“, July 6-8, 2001; “EEOC sued for age bias“, March 6, 2001; “‘Toronto Torch’ age-bias suit” (stripper), May 23, 2000; “Take the settlement, sue anyway“, March 13; “‘Tenure Gridlock: When Professors Choose Not To Retire’“, March 3-5; “‘The case for age discrimination’“, Jan. 20, 2000; “Age-bias law expands” (Calif., N.J. developments), Aug. 12, 1999.

“Court says tipsy topless dancer can sue club“, Jul. 3-4, 2001.

“‘Hearsay harassment’ not actionable“, Jun. 12, 2001.

“Dispatches from abroad” (U.K. policeman claims snoring resulted from inhalation of cannabis), May 28, 2001.

“Six-hour police standoff no grounds for loss of job, says employee“, May 21, 2001.

“Letter to the editor” (arbitration agreements), Apr. 16, 2001.

“Comparable worth in Maine” (state enacts “pay equity”), April 20-22, 2001; “Comparable worth: it’s back“, May 17, 2000.

“‘2000’s Ten Wackiest Employment Lawsuits’“, Apr. 13-15, 2001.

“‘Kava tea drinker alleges bias in FedEx firing’“, Mar. 19-20, 2001.

Ergonomics: “Narrow escape from ergonomic regs“, March 9-11, 2001; “‘Cop’s claim: gun belt too heavy’“, Feb. 23-25, 2001; “Born to regulate“, June 28, 2000; “Go ahead and comment — if it’ll do much good” (OSHA ergonomics regulations), March 17-19, 2000; “Repetitive motion injury Hall of Fame” (phone sex operator), Nov. 22, 1999.

“Forbidden paint zone” (New York City schools’ 10-foot rule), Feb. 27, 2001.

“Employees not tenured in California“, Feb. 7-8, 2001.

“Digital serfs?“, Jan. 26-28, 2001.

“‘Firms mum on troubled workers’“, Jan. 22-23, 2001.

Police-record discrimination: “Coming soon to a school near you” (applicant with police record OK’d since no convictions), Jan. 17, 2001; “‘Killer’s suit alleges job discrimination’“, Jan. 15, 2001; “You were negligent to hire me” (undisclosed rape-related conviction), May 30, 2000; “Hire that felon, or else” (Wisc. law protects felons from job discrimination), Jan. 7, 2000 (& earlier commentary: Sept. 24, 1999).

“Stressed out in New Hampshire” (stress from legitimate workplace criticism triggers workers’ comp), Jan. 4, 2000; “Stress of listening to clients’ problems” (masseuse wins benefits), June 21, 2000; “Weekend reading” (workplace psychological injury claims), July 31-August 1, 1999.

Damages, big numbers: “Big numbers” (Kroger Co. hit for $55 million after workplace accident), April 16, 2001; “Property taxes triple after wrongful-termination suit“, Dec. 20, 2000; “‘Stock Options: A Gold Mine for Racial-Discrimination Suits?’“, Dec. 11-12; “How to succeed in business?” (Christian Curry case), Nov. 20; “Wonder Bread hierarchy too white, suit charges“, July 10 (updates Aug. 4: jury awards $132 M damages and Oct. 10: judge cuts award by $97 M); “Penalty for co.’s schedule inflexibility: 30 years’ front pay” (ADA), June 16-18; “Record employment verdict thrown out” (Lane v. Hughes Aircraft), March 9, 2000; “From our mail sack: memoir of a morsel” (Calif. employer’s story), Nov. 24-25, 1999; “The stuffed-grape-leaf standard” (litigator says $300K isn’t that much money), August 14-15, 1999.

“Promising areas for suits” (broken interview promises, third party suits to sidestep workers’ comp limits), Dec. 7, 2000.

“‘Company Is Told to Stay and Face New Union’“, Nov. 24-26, 2000; “NLRB lurches left”, Oct. 11, 2000.

“Obese soldiers class action“, Nov. 10-12, 2000.

“New unfairness for old” (Employment Non-Discrimination Act), Oct. 26, 2000.

“Prospect of injury no reason not to hire” (ADA), July 5, 2000; and see disabled-rights page.

“Judge tells EEOC to pay employer’s fees“, Oct. 5, 2000.

“When sued, be sure to respond” (Wal-Mart transsexual employee), Jul. 21-23, 2000 (update Sept. 6-7: judge grants retrial after default judgment).

“EEOC: offbeat beliefs may be protected against workplace bias“, Sept. 5, 2000.

“Losing your legislative battles? Just sue instead” (contraception coverage by employer health plans), July 26-27, 2000.

Coke: “‘Coca-Cola settles race suit’“, Nov. 17-19, 2000; “Class-action lawyers to Coke clients: you’re fired“, Jul. 21-23; “‘Coke plaintiff eavesdrops on lawyers; case unravels’“, Jul. 19-20; “‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coke on behalf of clients, enters into a lucrative ad deal with it), May 11, 2000.

“Chutzpah is. . .” (marital-status discrimination case by boss’s ex-son-in-law), Jul. 18, 2000.

“Welcome readers” (CNNfn article advising workers thinking of suing employers; cites this site), Jun. 19, 2000; “Favorite bookmark” (head of Employment Policy Foundation likes this site), May 23, 2000.

“Look for the Kiwi label” (sweatshops), Jun. 9-11, 2000.

“Another Mr. Civility nominee” (associate at law firm asks for bonus, is fired), June 2-4, 2000; “Smudged plumage” (Angelos’s Orioles won’t hire Cuban defectors), May 24, 2000.

“Funny hats and creative drawing“, May 1, 2000.

“Employer-based health coverage in retreat?“, Mar. 31-April 2, 2000.

OSHA and at-home workers: “OSHA & telecommuters: the long view“, April 7-9, 2000; “Update: OSHA in full retreat on home office issue“, Jan. 29-30; “OSHA at-home worker directive“, Jan. 8-9; “OSHA backs off on home-office regulation“, Jan. 6; “Beyond parody: ‘OSHA Covers At-Home Workers’“, Jan. 5, 2000.

“Feds’ mission: target Silicon Valley for race complaints“, Feb. 29, 2000.

“Judgment reversed in Seinfeld case“, Feb. 26-27, 2000.

“Private job bias lawsuits tripled in 1990s“, Jan. 19, 2000; “Employee lawsuits increasing” (Society for Human Resource Management survey), August 25, 1999.

“Warn and be sued” (industrial psychologist found liable for warning co-workers of patient’s violent fantasies), Jan. 12, 2000; “Indications of turbulence” (pilot whose mental fitness for duty was challenged wins partial back pay), Dec. 1, 1999.

“Christmas lawyer humor” (“Restructuring at the North Pole” parody), Dec. 23-26, 1999.

“Truth in recruitment?” (N.J. jury verdict), Dec. 17-18, 1999.

“From the quote file” (Legal Times: U.S. Supreme Court as nation’s chief human resources manager), Dec. 15, 1999.

Under surveillance at work? “Hold your e-tongue” (employee emails), Nov. 9, 1999; “EEOC encourages anonymous harassment complaints“, Sept. 3; “Please — there are terminals present” (email censorship and harassment law), July 30; “‘Destroy privacy expectations: lawyer’” (advice managers are getting), July 26, 1999.

“Bring a long book” (New York takes average of seven years to adjudicate discrimination complaints), Nov. 4, 1999.

“Perkiness a prerequisite?” (bias suit says employer wanted workers to look like “Doris Day or the boy next door”), Nov. 2, 1999.

“New Jersey court system faces employment complaint“, Oct. 21, 1999.

“Blackboard jungle” (Ann Arbor, Mich. substitute teachers’ suit gets $30 million), Sept. 14, 1999.

“Labor Day: ‘Overworked America?’“, Sept. 7, 1999.

“Big numbers” (Kroger worker $55 million award not blocked by workers’ comp), April 16, 2001; “Block PATH to lawsuits” (claims against NY-NJ commuter line under Federal Employer’s Liability Act), Sept. 1, 1999.

“Ohio high court says forget tort reform; should unionists be cheering?” (unions exempted from exposure to many injury suits), August 17, 1999.

“You made me defame myself” (workplace defamation law doctrine of “self-compelled publication”), August 10, 1999.

“All have lost, and all must have damages” (suit against employer by insurance agent who sold allegedly deceptive policies), August 3, 1999.

Other writings by Overlawyered.com‘s editor: The Excuse Factory: What Happened When America Unleashed the Lawsuit (Free Press, 1997); writings on disabled rights/ADA; on harassment and sex discrimination law; on other branches of discrimination law.

Filed under: arbitration, Canada, Chevron, Coca-Cola, Europe, firefighters, Germany, hospitals, libel slander and defamation, New Hampshire, New Jersey, Norway, Ohio, Seattle, teacher tenure, The Excuse Factory, Willie Gary, workplace

Archived disabled rights items, pre-July 2003

Multiple complaints and filing mills, 2003: “Disabled-access suit could stop Super Bowl“, Jan. 7-8. 2002: “‘Disability rights attorney accused of having inaccessible office’” (the one who sued Eastwood), Apr. 25; “Florida’s ADA filing mills grind away“, Mar. 29-31. 2001: “ADA’s busiest complaint-filer“, July 20-22. 2000: “Eastwood trial begins“, Sept. 21 (& Oct. 2: jury declines to award damages); “On the Hill: Clint Eastwood vs. ADA filing mills“, May 18-21; “Mass ADA complaints“, Mar. 7; “Bill introduced to curb opportunistic ADA filings“, Feb. 15 (& Sept. 5, 2001: Sen. Inouye co-sponsors); “Florida ADA complaint binge“, Jan. 26-27.

“Maybe crime pays dept.” (hemorrhoids not a protected disability), Apr. 1, 2003.

Sports, 2003: “Disabled-access suit could stop Super Bowl“, Jan. 7-8. 2001: “By reader acclaim: football’s substance-abuse policy challenged“, Nov. 19-20; “‘A disabling verdict for organized sports’“, June 1-3 (Casey Martin case; & see June 22-24, May 30, 2001; Sept. 29-Oct. 1, April 10, 2000). 2000: “‘NCAA Can Be Sued Under ADA, Federal District Judge Rules’“, Nov. 28; “Wheelchair marathon suit“, Oct. 23. 1999: “Update: ADA youth soccer case“, Nov. 13-14; “After Casey Martin, the deluge“, Nov. 5-7; “ADA protection for boozing student athletes“, Sept. 29.

“‘Court waives deadline as ‘reasonable accommodation’ for disabled litigator’“, Dec. 24-26, 2002.

Website accessibility: “‘Judge: Disabilities act doesn’t cover Web“, Oct. 22, 2002; “Website accessibility law hits the U.K.” (Scotland), May 7, 2001; “Olympics website’s accessibility complaint“, Aug. 16-17, 2000; “Disabled accessibility for campaign websites: the gotcha game“, July 19-20; “Welcome readers” (Intellectual Capital), June 19; “ADA & the web: sounding the alarm“, May 24; “Access excess“, May 2; “ADA & freedom of expression on the Web“, Feb. 10-11; editor’s testimony before House Judiciary Committee, Feb. 9, 2000; “Accessible websites no snap“, Dec. 21, 1999; “AOL sued for failure to accommodate blind users“, Nov. 5, 1999.

“A belt too far“, Oct. 29, 2001; “‘Sorry, Slimbo, you’re in my seats’“, June 7, 2001 (& updates Dec. 15-16, 2001, Oct. 25-27, 2002); “Obese fliers“, Dec. 20, 2000.

Safety, 2002: “Australia: ‘Blind, disabled should be able to fly’“, Sept. 30; “‘St- st – st- st- stop’“, Apr. 22; “Right to yell ‘fire’“, Apr. 5-7; “Entitled to jobs that kill?” (Echabazal v. Chevron), March 1-3 (& Jun. 19-20, 2002, Apr. 22, 2002, Nov. 5, 2001). 2001: “EEOC approves evacuation questions for disabled“, Nov. 16-18; “A belt too far“, Oct. 29; “‘Colorblind Traffic-Light Installer Gets Fired, Sues County’“, June 28. 2000: “Coffee-spill suits meet ADA“, Aug. 10; “Prospect of injury no reason not to hire“, Jul. 5; “Disabled vs. disabled” (strobe alarms pit deaf against epileptic), May 17; “Ability to remain conscious not obligatory for train dispatcher, EEOC says“, March 21; “Warn and be sued“, Jan. 12. 1999: “Indications of turbulence” (pilot’s mental state), Dec. 1; “Death by mainstreaming” (retarded boy’s fatal fall from amusement park ride), Aug. 31 (& Oct. 29, 2001); & see “Kingdom of the One-Eyed,” Reason, Jul. 1998.

“Right to break workplace rules and then return“, Sept. 16-17, 2002; “Soap star: ABC wrote my character out of the show” (“medical leave” for drug rehab), Apr. 10; “Parole board’s consideration of drug history could violate ADA“, Mar. 11, 2002; “ADA requires renting to addiction facility“, Dec. 21, 2000.

Structures: “‘ADA Goes to the Movies’“, Jan. 30, 2003; “‘Disabled entitled to same sight lines in theaters’“, Sept. 5, 2002; “There’ll always be a California” (Santa Monica accessibility law for private homes), Dec. 4, 2001 (& similar ordinances in Ill. and Ariz.: Feb. 6-7, Mar. 6, 2002)(& letter to the editor, Apr. 11); “Crowded drugstores illegal?“, Jun. 29-Jul. 1, 2001 (& letter to the editor, July 6); “Do as we say, cont’d” (Mass.), Mar. 20, 2000; “‘Dune’ as we say” (ADA on Nantucket), Jul. 17-18, 1999.

Testing under siege, 2002: “Hence, loath?asterisk“, Jul. 22-23. 2001: “Update“, Aug. 20-21 (bar exam) (& letters, Oct. 22); “Litigators vs. standardized tests, I: the right to conceal“, Feb. 9-11. 2000: “Court okays suit against ‘flagging’ of test conditions“, May 10; “Disabled test-accommodation roundup“, Feb. 16; “Disabled accommodation in testing“, Jan. 12; “Lawsuits over failing grades” (“exam phobia” claim), Jan. 4. 1999:“Disabled accommodation vs. testing fairness“, Sept. 21, 1999; and see special education.

“Disabled lap dancing just the start“, Jul. 19-21, 2002; “By reader acclaim: quadriplegic sues strip club over wheelchair access“, Jul. 16-17, 2002; “Blind customers want to touch club lapdancers“, Sept. 27-28, 2000.

“Paper currency should accommodate blind, suit argues“, Jul. 15, 2002.

“Supreme Court clarifies ADA“, Jun. 19-20, 2002.

Media, performance accessibility, 2002: “11th Circuit reinstates ‘Millionaire’ lawsuit” (suit against “Millionaire” TV show over telephone-based screening), Jun. 21-23 (& Mar. 24-26, June 12, June 19, Nov. 7, 2000; Nov. 5, 2001). 2001: “‘Panel backs deaf patron’s claim against club’” (interpreter demand at comedy club), Mar. 9-11. 2000: “Seats in all parts” (theaters), Dec. 29, 2000-Jan. 2, 2001; “Movie caption trial begins” (assistive devices aid concert bootleggers), Aug. 1; “Complaint: recreated slave ship not handicap accessible“, Jul. 21-23; “Preferred seating” (theaters), Apr. 25-26; “Newest disabled right: audio TV captioning“, Mar. 22; “‘Deaf group files suit against movie theaters’” (closed captioning demand), Feb. 19-21; “The fine print” (sue Boston Globe for reducing type size?), Feb. 17; and see website accessibility.

“Flowers, perfume in airline cabins not OK?” (Canada), May 17-19, 2002.

“Right to yell ‘fire’“, Apr. 5-7, 2002; “Compulsive grooming as protected disability“, March 16-18, 2001; “More Tourette’s discrimination suits“, March 12, 2001; “A thin-wall problem” (condo owner with Tourette’s vs. association), Aug. 21-22, 2000; “Update: Tourette’s bagger case“, Jul. 26-27, 2000; “Customer offense” (supermarket bagger with Tourette’s), Jun. 9-11, 2000.

“‘O’Connor Criticizes Disabilities Law As Too Vague’“, Mar. 22-24, 2002.

“Inability to get along with co-workers“, Mar. 8-10, 2002.

“Minimum GPA for study abroad said unfair to disabled“, Jan. 9-10, 2002.

“Mass., Ill., NYC tobacco fees” (law firm sued by attorney with cancer), Jan. 2-3, 2002.

“Segway, the super-wheelchair and the FDA“, Dec. 12, 2001.

Special ed: see schools page.

U.K.: “European workplace notes” (harassment of dyslexic), Feb. 25-26, 2002; “Website accessibility law hits the U.K.” (Scotland), May 7, 2001; “Britain’s delicate soldiery” (UK military pressed to put disabled recruits on front lines), Dec. 22-25, 2000 (& Sept. 29-Oct. 1); “European roundup” (British hiring of disabled police), Oct. 16-17; “Blind customers want to touch club lapdancers“, Sept. 27-28; From the U.K.: watch your language” (job bureau restricts use of words like “hardworking”, “enthusiastic”), June 13, 2000.

“Meet the ‘wrongful-birth’ bar“, Aug. 22-23, 2001 (more on wrongful birth/life: Dec. 11, 2001; Nov. 22-23, Sept. 8-10; June 8, May 9, Jan. 8-9, 2000).

“‘Businesses bracing for flood of lawsuits after state court ruling’” (Calif. law may apply retroactively), Aug. 1, 2001.

“N.J. court declares transsexuals protected class“, July 30, 2001.

“Six-hour police standoff no grounds for loss of job, says employee“, May 21, 2001; “‘Killer’s suit alleges job discrimination’“, Jan. 15, 2001; “‘Belligerent’ Worker Is Covered by ADA, Says Federal Court“, Dec. 18-19, 2000; “Accommodating theft” (N.J. lawyer discipline), Nov. 11, 1999; “‘Judge who slept on job faces new allegations’“, Oct. 4, 1999.

“‘2000’s Ten Wackiest Employment Lawsuits’” (reverse-bias claim by worker with no mental disability), April 13-15, 2001.

“Put out that match” (ADA invoked against agricultural burning), Feb. 28-March 1, 2001.

“Anorexia as disability“, Jan. 26-28, 2001.

“Sidewalk toilets nixed again” (Boston), Oct. 5, 2000.

“Disabled rights roundup” (sign interpreters at doctor’s offices), Sept. 29-Oct. 1;

“Welcome Toronto Star readers” (Ontario considers ADA-like law), Sept. 27-28, 2000.

“Movie caption trial begins” (Steve Chapman on ADA anniversary), Aug. 1, 2000; “‘How the ADA handicaps me’” (backfire effect in job interviews; ten year anniversary of ADA), Jul. 28-30; “ADA’s unintended consequences” (workplace losses for disabled), July 11, 2000.

“Penalty for co.’s schedule inflexibility: 30 years’ front pay” (ADA case), June 16-18, 2000; “What ADA was written for“, March 15, 2000.

“From our mail sack: ADA enforcement vignettes“, May 31, 2000. See also letter to editor, December 1, 2000.

“‘ADA’s good intentions have unintended consequences’” (John Elvin, Insight), March 3-5, 2000.

“Latest excuse syndromes“, Jan. 13-14, 2000; “Down repressed-memory lane II: distracted when she signed“, Dec. 29-30, 1999; “Mow’ better ADA claims” (disability exemption from cutting one’s lawn?), July 26, 1999.

“Blind newsdealer charged with selling cigarettes to underage buyer“, Sept. 16, 1999.

“Weekend reading” (“disability studies” in academia), Aug. 21-22, 1999.

“Be sensitive to Fluffy, or else” (obligation to accept emotional-support dog into store), July 9, 1999.

Articles by Overlawyered.com editor Walter Olson:

“Supreme Court Rescues ADA From Its Zealots,” Wall Street Journal, Jun. 18 (online subscribers only).

“Access Excess“, Reason, May 2000.

?Under the ADA, We May All Be Disabled?, ?Rule of Law?, Wall Street Journal, May 17, 1999.

“Standard Accommodations” (rise of universal disability), Reason, Feb. 1999.

“Kingdom of the One-Eyed,” Reason, July 1998.

“Still Crazy” (Casey Martin case; ADA in the courts), Reason, May 1998.

“Disabilities Law Protects Bad Doctors,” New York Times, November 28, 1997.

“Life, liberty, and the pursuit of a good beer,” excerpt from The Excuse Factory, Washington Monthly, September, 1997.

“Time to Get Off the Tenure Track”, New York Times, July 8, 1997.

“Disabling America“, National Review, May 5, 1997.

Other resources:

U.S. Department of Justice ADA home page
U.S. Access Board home page
Equal Employment Opportunity Commission regulations (1630: ADA implementation; 1640: coordination of ADA with Section 504; 1641 government contractors).
Text of ADA (Cornell LII)

Online ADA Handbook
NBER: ADA employment effects study (Daron Acemoglu, Joshua Angrist)
Boston Univ.: Pike Institute on Law & Disability
ABA Commission on Mental and Physical Disability Law

“Disability Debate” (Reason Online, “Breaking Issues”)
“A good law gone bad” (Trevor Armbrister, Reader’s Digest)
“Handicapping Freedom” (Ed Hudgins, Regulation mag/Cato Institute)
“ADA: Time for Amendments” (Robert O’Quinn, Cato Institute, Aug. 9, 1991)

Filed under: Australia, Chevron, disabled rights, Europe, The Excuse Factory, tobacco, wrongful birth and wrongful life

Archived harassment law items, pre-July 2003

“‘Prosecutor had ordeal as defendant’“, May 14, 2003.

Sex abuse charges, 2003: “‘Sex, God and Greed’“, May 28; “‘No Crueler Tyrannies’” (Dorothy Rabinowitz), May 8 (& Apr. 17, 2001). 2002: “‘Reno owes the public answers’“, May 7; “Updates” (rape shield laws), Jan. 9-10 (& more on Jovanovic case: Dec. 23-26, 1999). 2001: “Sued if you do dept.: co-worker’s claim of rape“, Nov. 7-8; “‘Teen sex offenders face years of stigma’“, Nov. 5; “‘Crying wolf’“, Oct. 30; “‘Proposed Law Would Consider Alcohol as Date-Rape Drug’” (Wisc.), Oct. 3-4. 2000: “Federal commerce power genuinely limited, Supreme Court rules” (strikes down VAWA’s lawsuit provision), May 16 (and see Wendy Kaminer, Feb. 24); “Updating Jane Austen“, Apr. 28-30; “Court rejects ‘telephone sex slave’ charge“, Apr. 24; “Philadelphia: feminist groups to be consulted on whether to classify incidents as rape“, Mar. 27 (and see Cathy Young, April 6); 1999: “Okay, we admit it: we admire these lawyers” (Wenatchee defenders), Sept. 4-6; “Personal hell“, Jul. 31-Aug. 1.

“Employers liable for not filtering raunchy spam?“, Apr. 10-13, 2003.

Watch those emails: “Employers liable for not filtering raunchy spam?“, Apr. 10-13, 2003; “Why we lose workplace privacy“, Aug. 9, 2001; “Watch those fwds” (Dow Chemical fires employees for email use), Aug. 21-22, 2000; “Oops: D.A.’s and judge’s fwding of sex pics deemed ‘unfortunate event’“, April 11; “Harassment-law roundup” (email-shredding software), Feb. 19-21; “Emails that ended 20 Times careers“, Feb. 8-9, 2000; “Please — there are terminals present” (Bloomberg censors its terminals), July 30, 1999.

“After failed workplace romance, a $1.3 million bill“, Feb. 6-9, 2003.

“Incoherence of sexual harassment law“, Oct. 15, 2002.

Sued either way: “Investigate, but gently“, Sept. 25-26, 2002; “‘Ex-Teach’s Suit: Kids Abused Me’“, Jun. 26-27, 2002; “Sued if you do dept.: co-worker’s claim of rape“, Nov. 7-8, 2001; “EEOC: unfiltered computers ‘harass’ librarians“, Jun. 4, 2001; “Customer offense” (supermarket bagger with Tourette’s), Jun. 9-11, 2000; “Columnist-fest” (Mona Charen on Mar. 10-12 story, below), Apr. 6; “Accused of harassment; wins $2 million from employer“, Mar. 10-12 (& update Jun. 2, 2003: award reversed); “‘Judgment reversed in Seinfeld case’“, Feb. 26-27, 2000; “Employment-law retaliation: real frogs from ‘totally bogus’ gardens“, Sept. 29, 1999.

“Banish those desk photos of spouse at beach“, Aug. 29-Sept. 2, 2002.

“Clipboard-throwing manager = $30 million clipping for grocery chain“, Apr. 19-21, 2002 (& update Jul. 26-28: damages cut to $8 million); “‘$3 million awarded in harassment’” (Illinois police department), Dec. 19, 2001; “Fieger’s firecrackers frequently fizzle” ($20 million harassment verdict against Chrysler), May 31, 2001; “The stuffed-grape-leaf standard” (feminist litigator asserts that $300K isn’t that much money), August 14-15, 1999.

“‘Surgeon halts operation over foreign nurses’ poor English’” (U.K.: he’s then threatened with disciplinary action for racism), Jul. 25, 2002.

“Catharine MacKinnon, call your office“, May 16, 2002.

“An eggshell psyche at U.Va. Law“, Apr. 8-9, 2002.

“Jail for schoolyard taunts?“, Feb. 27-28, 2002; “‘Boy faces jail for slapping girl’s bottom’“, Jan. 5-7, 2001; “Annals of zero tolerance” (six-year-old’s “sexual harassment”), May 22, 2000.

“European workplace notes” (UK: harassment of dyslexic), Feb. 25-26, 2002.

“Firehouse blues” (girly mags, Alaska), Feb. 20-21, 2002.

“‘Woman Wins Verdict, but no Money, Against Seagal’“, Jan. 4-6, 2002.

Office dating, “love contracts”: “Love contracts“, Dec. 10, 2001; “Ask the experts (if that’ll help)“, Oct. 19, 2000; “Ministry of love-discouragement“, May 3; “‘Love contracts’ spreading to U.K.“, Dec. 31, 1999-Jan. 2, 2000; “Weekend reading: evergreens” (“love contract” for office romances), Dec. 3-5, 1999.

“Employee’s right to jubilate over Sept. 11 attack“, Oct. 9, 2001.

“‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3, 2001.

“‘We often turn irresponsibility into legal actions against others’” (Robyn Blumner on U. of South Fla. art student harassment case), Aug. 13-14, 2001.

“Chandra, Monica, and sex-harass law“, July 27-29, 2001.

“Spoof memo draws EEOC probe“, June 26, 2001.

“‘Hearsay harassment’ not actionable“, June 12, 2001.

“EEOC: unfiltered computers ‘harass’ librarians“, June 4, 2001 (& see “Columnist-fest” (Wendy McElroy), June 22-24.

“Mistletoe dangerous even when absent“, April 18, 2001.

“‘2000’s Ten Wackiest Employment Lawsuits’” (too much sex talk in sex shop), April 13-15, 2001.

“Appeals panel: schools’ harassment rule unconstitutional“, Feb. 27, 2001; “Weekend reading” (Supreme Court’s invention of Title IX harassment law), August 21-22, 1999.

Business climate: “Why we lose workplace privacy“, Aug. 9, 2001; “Ask the experts (if that’ll help)“, Oct. 19, 2000; “The scarlet %+#?*^)&!” (companies cut clients loose for profane language), March 7, 2000; “‘Personally agree with’ harassment policy — or you’re out the door“, Sept. 22, 1999; “EEOC encourages anonymous harassment complaints“, Sept. 3, 1999.

Hate speech, hate crime laws: see free speech and media law page.

“Columnist-fest” (Sarah McCarthy on Paula Jones case), Nov. 14, 2000.

“Don’t meet with her alone“, Nov. 1, 2000.

“Ask the experts (if that’ll help)“, Oct. 19, 2000.

“White House pastry chef harassment suit“, Sept. 18, 2000.

“Harassment law roundup” (Confederate flags on employee cars, Jeffrey Rosen book, Avis v. Aguilar, do-as-we-say case), Sept. 11, 2000.

“Embarrassing Lawsuit Hall of Fame” (Mass. agency finds flatulence not harassing), Aug. 14, 2000.

“From the U.K.: watch your language” (college, job bureau restrict use of “lady”, “hardworking”), June 13, 2000.

“Victim of the century?” (principal collects disability benefits for sexual compulsion), June 2-4, 2000; “Doctor sues insurer, claims sex addiction“, Oct. 13, 1999.

“What the French think of American harassment law“, May 25, 2000.

“The four rules of sexual harassment controversies” (Claudia Kennedy case; female-on-male touching case; spanking initiation), May 15, 2000.

“Comment of the day“, May 5-7, 2000; “Recommended reading” (Roland White in London Times on chill to office banter), Jan. 25, 2000.

“Harassment-law roundup” (bathroom graffiti; Boston bar owner’s insensitive decorations; pin-ups and porn in police station), May 4, 2000.

“Book feature: ‘The Kinder, Gentler Military’“, April 3, 2000.

“The shame of the ACLU” (Aguilar v. Avis: ACLU intervenes on anti- free-speech side), Sept. 7, 1999; “Speech police go after opinion articles, editorial cartoons“, August 28-29, 1999.

“Harassment-law roundup” (Internet startups vulnerable), May 4, 2000; “Dot-coms as perfect defendants“, Jan. 17; “Harassment-law roundup” (Juno case), Feb. 19-21, 2000.

“Oops! Didn’t mean nothing by that, ma’am” (“Hello, good looking” directed at harassment trainer), Dec. 21, 1999.

“Suppression of conversation vs. improvement of conversation“, Nov. 12, 1999 (excerpts from Joan Kennedy Taylor book); “Risks of harm“, Nov. 13-14, 1999; “Harassment-law roundup” (Taylor book discussed), Feb. 19-21, 2000.

“Courts actually begin to define ‘harassment’; activists in shock“, August 6, 1999.

“Please — there are terminals present” (South Park on sexual harassment), July 30, 1999.
——————————————————————————–

Articles by Overlawyered.com editor Walter Olson:

“Title IX’s Invisible Ink” (Supreme Court invents right to sue schools over student-on-student harassment), Reason, August/September 1999.

“A Legacy of Dirty Laundry” (brief contribution to symposium on harassment law), The Women’s Quarterly, Winter 1999.

“Have the Harassment Rules Changed?“, Wall Street Journal, April 6, 1998 (judge’s dismissal of Paula Jones lawsuit).

“Punch the Clock, Sue the Boss“, New York Times, March 20, 1998.

“Shut Up, They Explained” (“zero-tolerance”), Reason, June 1997.

“The Long Arm of Harassment Law“, New York Times, July 7, 1996.

?When Sensitivity Training Is the Law? (Connecticut law requires training of managers), Wall Street Journal, January 20, 1993.

In addition, The Excuse Factory (1997) includes two chapters on harassment law, namely chapter 4 (“Fear of Flirting”) and chapter 14 (“Workplace Cleansing”). Neither is online.

Other resources:

Websites

“Freedom of Speech vs. Workplace Harassment Law” (highly informative site maintained by Prof. Eugene Volokh, UCLA Law School)

Organizations

Independent Women’s Forum
Women’s Freedom Network
iFeminists.com (individualist feminists, Wendy McElroy)

Books

The shelf of books critical of the overreach of harassment law got at least three important additions in 1999. Daphne Patai of the University of Massachusetts, known already as a co-author of Professing Feminism: Cautionary Tales From the Strange World of Women’s Studies, published Heterophobia: Sexual Harassment and the Future of Feminism. Cathy Young, columnist for the Detroit News, published Ceasefire: Why Women and Men Must Join Forces to Achieve True Equality. And Joan Kennedy Taylor, associated with the Cato Institute, published What to Do When You Don’t Want to Call the Cops: Or a Non-Adversarial Approach to Sexual Harassment. (Also see our editor’s 1997 contribution, The Excuse Factory.)

Filed under: ACLU, Alaska, Chrysler, Connecticut, Detroit, Europe, free speech, harassment law, Illinois, Massachusetts, Philadelphia, The Excuse Factory, Title IX, zero tolerance