Mental disabilities under the ADA: a management rights approach

While numerous sources have focused on employee rights and employer obligations under the Americans with Disabilities Act, this article will emphasize employer rights with respect to mental disabilities under the ADA. Specifically, it addresses the ADA's definition of "mental disability," the right of employers to screen job applicants in spite of the ADA, the conditions under which an employer may require an employee to undergo a "fitness for duty" examination, and the limits of the duty to "reasonably accommodate" an employee with a mental disability.     

Toward a demo-anthropological perspective on nuptiality and its relationship with new reproductive patterns: consideration of a study carried out in the area surrounding Zacatepec,Morelos

"The research is based on a study carried out between 1989 and 1991 in the three rural communities in the state of Morelos [Mexico] that included a socio-demographic survey and interviews. The methodological goal of the authors is to view nuptiality from demographic and anthropological standpoints.... The authors seek to pinpoint the elements that account for changes that have taken place in nuptiality, as well as to identify the impact of these changes on [descendants]." (SUMMARY IN ENG)     

Does the federal Family and Medical Leave Act of 1993 create a hole in ERISA preemption?

ERISA's board preemption provision has survived many challenges to its scope and effect. Now it may have succumbed in the face of a few statements tucked into the legislative history of the federal Family and Medical Leave Act (FMLA). Language in the legislative history presents the view that the Act was meant to overturn ERISA preemption of state family and medical leave laws. The text of the FMLA contains no corroborating language to support that view. However, at least one court found the statements in the legislative history to be persuasive and ruled that under the FMLA, ERISA does not preempt state family and medical leave laws that regulate ERISA plans. If other courts follow that decision, there will be great implications to employee benefit plan regulation and administration. This article explores the court's decision and the relationship between the FMLA and ERISA preemption.