2 edition of School Board of Nassau County v. Arline found in the catalog.
School Board of Nassau County v. Arline
Nancy Lee Jones
1987 by Library of Congress, Congressional Research Service in Washington, D.C .
Written in English
|Other titles||School Board of Nassau County versus Arline|
|Statement||Nancy Lee Jones|
|Series||Report (Library of Congress. Congressional Research Service) -- no. 87-238 A, Major studies and issue briefs of the Congressional Research Service -- 1987-88, reel 1, fr. 00657|
|Contributions||Library of Congress. Congressional Research Service|
|The Physical Object|
A few words of caution to plaintiff are in order. The common thread in the reported decisions is that "program" is defined by Congressional intent as reflected in the scope of the grant. As explained below we conclude that plaintiff's Title IX claim must be dismissed but she may proceed with her civil rights claims under 42 U. Most important on this topic is United States Department of Transportation v. After a review of the motions, briefs and evidentiary materials we concluded that summary disposition of the Title IX claim was not appropriate, but that Title IX preempted the more general civil rights claims. Thus, a surprisingly large number of people with cancer find themselves being shunned by relatives and friends.
The School District also admits receiving federal funds for consumer homemaking and remedial instruction. Plaintiff contends that she was dismissed from the NHS because she was an unwed mother and because she was discriminated against on the basis of sex. Pfeifer v. To allow an employer to justify discrimination by distinguishing between a disease's contagious affects and others and as physical affects in a patient, would be unfair, contrary to the Act in its legislative history, which demonstrates Congress' concern about an impairment's affect on others, and woule be inconsistent with Section 's basic purpose to ensure that a handicap individuals are not denied jobs because of the prejudice or ignorance of others.
Sociological Rev. In the employment context, an otherwise qualified person is one who can perform "the essential functions" of the job in question. Although they are not required to find another job for an employee who is not qualified for the job he or she was doing, they cannot deny an employee alternative employment opportunities reasonably available under the employer's existing policies. Davis, Page U. Thus, Wort v.
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He has authored or coauthored more than articles in peer-reviewed journals; has authored, coauthored, edited, or coedited 40 books; and has in excess of publications.
There, Congress recognized that employers and other grantees might have legitimate reasons not to extend jobs or benefits to drug addicts and alcoholics, but also understood the danger of improper discrimination against such individuals if they were categorically excluded from coverage under the Act.
Get exclusive access to content from our First Edition with your subscription. Do you agree with the Court's decision? Nothing in Pennhurst requires such infidelity. Pfeifer v.
Peru State College, F. Defendants sought summary judgment on various grounds including the argument that the Title IX claim was no longer viable in light of the then recent decision in Grove City v.
After a third bout with the disease, school board officials School Board of Nassau County v. Arline book her employment in Subsequently a number of courts have addressed the issue and provided sufficient guidance.
School Board of Nassau County v. Arline book, it simply concluded that the school board was exempt from any duty whatever to weigh the actual costs and risks involved in accommodating Arline because of an overriding 'duty to the public it serves.
Page U. We hold that the fact that the person with a record of impairment, as in the case of respondent, is also contagious does not remove that person from Section 's coverage. Because HIV and AIDS are transferred through bodily fluids, there is little reason to think that Arline would endanger her coworkers during the course of her employment.
In any event there is a rather obvious and critical factual dispute concerning the intentions and motivations of the Faculty Council in terminating plaintiff's membership in the NHS, as well as evidence of different treatment of unwed fathers, unwed mothers who marry and unwed mothers who don't marry.
Respondent was hospitalized for tuberculosis in For the reasons stated we conclude that Title IX is inapplicable here. Choate, U. During his 34 years in public education, he served as a special education teacher, a director of special education, an assistant principal, and a principal.
While we do not deal in the present case with concepts as broad as the commercial aviation industry, the holding of Paralyzed Veterans is still clearly applicable.
This second scenario would be inconsistent with the bases purpose [of the Act], which is to ensure the handicapped individuals are not denied jobs or other benefits because of the prejudiced attitudes or the ignorance of others School Board of Nassau County V.
Plaintiff had ample opportunity to present her side in these various forums and in fact she took full advantage of the opportunity. While it's always important to protect the rights of employees not to be discriminated against, this shouldn't come at the cost of exposing the public to deadly diseases.
Perhaps the ruling in the The references related to the answer are also included. Supreme Court. Sontag, supra, at 6 "Any disease that is treated as a mystery and acutely enough feared will be felt to be morally, if not literally, contagious. Osborne Charles J. Marion Center Area School Dist.
Do you think there is adequate protection of both the employee and the public in this case?School Board of Nassau County v.
Arlineestablished that contagious diseases are a disability under Section of the Rehabilitation Act and that people with them are protected from discrimination if otherwise qualified (actual risk to health and safety to others make persons unqualified).
Nassau County School Nutrition Association, Inc is at Nassau County School Board. August 14, · Fernandina Beach, FL · The Food & Nutrition Department of Nassau County School District would like to welcome back all students, teachers and magicechomusic.comon: Atlantic Ave, Fernandina Beach, Florida Mar 03, · 1.
Wests Supreme Court Report. Mar 3; School Board of Nassau County, Florida v. Arline. U.S. Supreme Court. KIE: After suffering a third relapse of tuberculosis in two years, an elementary school teacher in Nassau County.
Mar pdf, · 1. Wests Supreme Court Report. Mar 3; School Board of Nassau County, Florida v. Arline. U.S. Supreme Court. KIE: After suffering a third relapse of tuberculosis in two years, an elementary school teacher in Nassau County.
p Ring book magicechomusic.com 7/21/ School Board of Nassau County v. Arline. The plaintiff, a school teacher, had tuberculosis. Download pdf was later terminated solely because she had three relapses within a period of.
Sch. Bd. of Nassau County v. Arline, U.S.n.3 () (citing S. R. EP.
N. O.at 16, 37–38, 50 Cited by: 1.School Bd. of Nassau Ebook v. Arline, U.S. () The school board based its decision on ebook fact that, even though the teacher had recovered and was still physically able to teach, her condition was potentially contagious and therefore posed a threat to the health of others.
Finding that the contagious effects of a disease cannot.