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Biomedical subjects

P D Blanck

Publications and source records attributed to P D Blanck.

At least 19 recordsLinked to original sources
PubMed1999

Assistive technology patenting trends and the Americans with Disabilities Act.

This article examines the ways in which the growing economic market for assistive technology (AT) may be analyzed in the context of effective implementation of the Americans with Disabilities Act (ADA). It summarizes the results of an ongoing study of patent data from the United States Patent and Trademark Office (PTO). The purpose of the study is to examine how the ADA is fostering innovation and economic opportunity for AT developers, manufacturers, and retailers. The findings suggest that evaluations of the ADA based on its perceived costs to society need to be balanced by the range of societal benefits accruing from the law, including those unanticipated economic benefits found in the present study.

Adult↗
PubMed1998

Pregnancy-related impairments and the Americans with Disabilities Act.

Congress passed the Americans with Disabilities Act (ADA) in 1990. The ADA's overriding purpose is to provide a national mandate for the elimination of discrimination against individuals with disabilities. This article addresses the emerging relationship between pregnancy-related disabilities and the employment provisions of the ADA, set forth in title I of the Act. In view of the high percentage of women who will become pregnant and their potential need for workplace accommodations during and after pregnancy, it is crucial that health professionals understand the impact of the ADA's employment provisions.

Persons with Disabilities↗
PubMed1996

Hospital privileges and the Americans with Disabilities Act.

The Americans with Disabilities Act provides protection for equal access to services and employment opportunities for qualified persons with disabilities. Because hospital privileges are essential to physician practice, this article investigates the role of the Americans With Disabilities Act in acquiring and maintaining these privileges. Recent findings from the Act's case law support the concept that: 1) an employer employee relationship exists between the hospital and the non-staff physician for purposes of the Act's analysis, and thus, 2) the Act is applicable to questions of hospital privileges for non-staff physicians. Suggestions for ensuring patient welfare while maintaining compliance with the Act are discussed.

Civil Rights↗
PubMed1996

Implementing the Americans with Disabilities Act. 1996 follow-up report on Sears, Roebuck and Co.

This article is the second in a series examining the employment practices of Sears, Roebuck and Co. in light of its compliance with the Americans with Disabilities Act of 1990. Sears employs approximately 20,000 persons with disabilities, nearly 7000 individuals with orthopedic disabilities. The article describes findings from two major areas of inquiry relevant for spine professionals: 1) the costs and benefits of workplace accommodations, and 2) the ways in which Sears and other companies informally and formally resolve Americans with Disabilities Act Title I disputes.

Architectural Accessibility↗
PubMed1996

Genetic discrimination and the employment provisions of the Americans with Disabilities Act: emerging legal, empirical, and policy implications.

The Americans with Disabilities Act of 1990 (ADA) is the most comprehensive federal civil rights law addressing employment discrimination against potentially millions of Americans. The Human Genome Project (HGP) is a federally funded research effort that seeks to map and sequence every human gene. This article is meant to contribute to the emerging dialogue on the interplay between the HGP and the employment provisions of the ADA, set forth in the Title I of the act. The relevance of the HGP to emerging legal questions, including those arising under Title I and recent EEOC guidelines, is described. Thereafter, empirical issues are discussed, and directions for future investigation of genetic discrimination under the ADA are explored.

Attitude to Health↗
PubMed1996

Empirical study of the Americans with Disabilities Act: employment issues from 1990 to 1994.

The Americans with Disabilities Act (ADA) of 1990 is the most comprehensive federal civil rights law addressing discrimination against one-fifth of the American population. This article is meant to contribute to the emerging dialogue on ADA implementation by presenting information from a longitudinal investigation of employment integration and economic opportunity under the employment provisions of the ADA, set forth in Title I of the act. The broader relevance of the investigation to emerging questions under Title I law is described. Thereafter, the investigation's seven core findings are presented, and then the implications for future investigation of the ADA are examined.

Activities of Daily Living↗
PubMed1995

Implementing the Americans with Disabilities Act. A case report on Sears, Roebuck and Co.

This article examines the employment practices of Sears, Roebuck and Co. in light of its compliance with the Americans with Disabilities Act of 1990. Sears employs approximately 20,000 persons with disabilities, nearly 7000 individuals of whom have orthopedic disabilities. This article describes two illustrative examples of Sears' compliance with the Americans with Disabilities Act and sets forth five essential implications of the Americans with Disabilities Act compliance that are relevant for spine professionals.

Architectural Accessibility↗
PubMed1995

Supervisor personal liability for ADA discrimination. Emerging issues for hospital administrators and physicians.

This article discusses emerging and conflicting trends in recent Americans with Disabilities Act discrimination legal decisions in which plaintiffs seek compensatory or punitive damages directly from supervisors and their employers, creating potential issues of personal liability for physicians or hospital administrators, for example. Also addressed in the article are potential problems employers face if supervisors are held personally liable for Americans with Disabilities Act discrimination.

Persons with Disabilities↗
PubMed1995

Resolving disputes under the Americans with Disabilities Act. A case example of an employee with a back impairment.

To illustrate the importance of proactive medical professional participation in Americans with Disabilities Act reasonable accommodation cases, this article describes the use of alternative dispute resolution techniques to resolve a case involving a blue collar employee with a work-related lower back injury. The problems in accommodating employees with back and spine injuries are being experienced by many employers. To date, the largest number of discrimination claims filed with the Equal Employment Opportunity Commission under the Americans with Disabilities Act involve individuals with back and spine impairments. This article identifies eight decision-points in the Americans with Disabilities Act accommodation process that are relevant to employers, persons with disabilities, medical professionals, union representatives, and legal counsel.

Accidents, Occupational↗
PubMed1995

Recent developments in ADA case law and implications for spine professionals.

This article presents case briefs from 1992 through 1994 involving back- and spine-related disabilities that introduces spine professionals to their role in helping incorporate people with back- and spine-related disabilities into the mainstream of society without expensive and prolonged litigation. The cases show how spine professionals can aid employers in making effective determinations regarding whether a patient's condition "substantially limits" a major life activity and whether a patient can perform the "essential functions" of a job without endangering him or herself or others.

Disability Evaluation↗
PubMed1994

The Americans with Disabilities Act. Emerging issues for ophthalmologists.

BACKGROUND: The Americans with Disabilities Act of 1990 is the most comprehensive federal law to address discrimination against an estimated 49 million Americans in the areas of employment, governmental services, public accommodations, transportation, and telecommunications. METHODS: The authors describe title I of the Americans with Disabilities Act and examine the challenges of implementing the employment provisions set forth in this legislation as they relate to visual impairment and disability. CONCLUSIONS: It is crucial that ophthalmologists understand the implications of the Americans with Disabilities Act when caring for individuals with visual impairments and communicating with their employers and other healthcare specialists. Ophthalmologists play an increasingly important role in shaping public policy toward people with visual impairments.

Activities of Daily Living↗
PubMed1993

The institutional review board as a mirror of scientific and ethical standards.

Decisions by institutional review boards (IRBs) are presumed to reflect the norms and standards of the scientific community. Such criteria have shifted as changes have occurred in experimental interventions and protocols, codes of federal regulatory agencies, norms among investigators, and expectations of participants. The tension created by shifting norms and standards raises two questions: (a) Should IRBs evaluate the scientific (e.g., design) features of the proposed research, and (b) should consistent standards be expected even in areas that are in constant flux (e.g., AIDS research)? We discuss these questions and propose a mechanism to keep IRBs abreast of emergent issues and sensitized not only to the costs of doing research but also to the costs of not doing it.

Animal Experimentation↗
PubMed1992

Scientific rewards and conflicts of ethical choices in human subjects research.

The primary responsibility of the American Psychological Association's (APA) Committee on Standards in Research (CSR) is to advise the APA on issues and standards related to the protection of human participants in psychological research. A related goal is to enhance the use of good ethical practices by APA members. The purpose of this article is to foster the view of research ethics not as an affront to the integrity of sound research, but as opportunities for scientific rewards, including increased understanding of the meaning of data, enhanced recruitment, and the inclusion of more representative samples. Three ethical practices are discussed as examples of this general premise: respect for confidentiality, use of debriefing, and assurance that participants are noncoerced volunteers. The Committee's intent is to promote consideration of these issues, not to promulgate specific guidelines or procedures.

Advisory Committees↗