1998 Cases

Arbitration of Employment Disputes

Pennsylvania Department of Corrections v. Yeskey, 524 U.S. 206 (1998)

In a unanimous opinion, the Court held that under the ADA no "public entity" may discriminate against qualified disabled individuals due to their disability. Moreover, the Court stated that the ADA's protections extended to cover prison inmates as well as any other liberated citizen.

Bragdon v. Abbott (1998) The Court holds that HIV infection qualifies as a disability under the Americans with Disabilities Act (ADA).

The Court then reasoned that since HIV "substantially limits" major life activities, such as reproduction, the infection is a "disability" that entitles its victims to ADA protections. The Court concluded that only caregivers can determine if treating an HIV-positive individual would constitute a "direct threat" to themselves or others. Therefore, the Court remanded for further risk assessment based on objective medical evidence or risk.

WRIGHT v. UNIVERSAL MARITIME SERVICE CORP. (97-889) 121 F.3d 702

The Court held that the collective bargaining agreement at issue did not contain a clear and unmistakable waiver. Therefore, the charging party could pursue his employment discrimination claim in court.