Abstract: It has been shown in the accompanying paper that the Sub-Andean foreland can be subdivided longitudinally into a number of tectonostratigraphic domains. To test the hypothesis that changes in palaeo-depositional setting rely on the presence of a series of transverse zones of structural accommodation, data have been digitally compiled from across the South American continent. Spatial and temporal geological relationships have been analysed and evaluated as a means of identifying the position of tectonostratigraphic domain boundaries (structural accommodation zones), and patterns of subsidence and intraplate deformation. The results suggest that individually these structural accommodation zones represent a composite of deep crustal fractures which, on a regional scale, interlink to form a transcontinental belt or zone that can accommodate intraplate deformation during episodes of plate reorganization. Their strong spatial relationship with Mesozoic, intraplate, alkaline igneous activity suggests that they exerted an important control on lithospheric melt siting during Gondwana breakup. These localized zones of high heat flow have important implications for source rock maturity in the interior, Phanerozoic intracratonic basins of South America. On the South Atlantic margin, the majority of these crustal lineaments correlate with failed arms of triple-junction rifts and define the boundaries to tectonostratigraphic domains recognized along the South Atlantic Rift System.
Based on spatial and temporal changes in palaeo-depositional setting, the Sub-Andean region can be subdivided longitudinally into a number of tectonostratigraphic domains (Jacques 2003). The differential amount of subsidence between two adjacent tectonostratigraphic provinces or sub-provinces relies on the presence of a transverse zone of structural accommodation. Two predominant sets of basement lineaments arc recognized: ENE-WSW and NW-SE (Fig. 1). The relative dominance of one set of crustal lineaments over the other changes approximately halfway down the length of the Andes, across a broad transition zone structurally expressed by the Arica Deflection-Bolivian Orocline, with ENE-trending crustal lineaments dominating in the north and NW-trending crustal lineaments dominating in the south. Both sets of lineaments occur as major structural anisotropies throughout the basement rocks of South America, providing zones of weakness, which were repeatedly reactivated and, at least in part, controlled: (1) the geometry of inter- and intracratonic rifting; (2) rates of subsidence and uplift along the Andean depositional axis; (3) the position of basin-bounding and intra-basinal highs or arches; (4) the structural geometry of the Andean Deformation Zone, correlating with changes in deformational style and major deflections; (5) the location of magmatism.
Twelve transverse structural lineaments (accommodation zones) are recognized (see Fig. 2) and, from north to south, are referred to as: the ENE Tumbes-Guayaquil-Tacutu Tectonic Lineament; the ENE Solimoes-Amazonas Megashear (diffuse zone of deformation); the ENE Pisco-Abancay-Fitzcarrald Tectonic Lineament; the ENE Arica-Paraguai-Araguaia Tectonic Lineament; the ENE Michicola Tectonic Lineament; the ENE La Serena-Ribeira Tectonic Lineament; the NW Martin Garcia Tectonic Lineament; the NW Valle Fertil Tectonic Lineament; the NW San Rafael Tectonic Lineament; the NW Gastre-Agulhas Megashear; the NW South Malvinas Tectonic Lineament; the east-west North Scotia Tectonic Lineament.
Based on this relative dominance, together with the segmentation of the Andean Belt into tectonostratigraphic provinces and sub-provinces by these first-order, transverse crustal lineaments, it is suggested that the Sub-Andean Belt can be separated longitudinally into five tectonic domains (Fig. 1): Northern Tectonic Domain; Western Tectonic Domain; Central (Transitional) Tectonic Domain; Eastern Tectonic Domain; Southern Tectonic Domain. It has been also shown (Jacques 2004) that this regional tectonic framework has had a profound influence on source rock distribution and hydrocarbon occurrence, subdividing the Sub-Andean region into a number of petroleum provinces or megasystems characterized by marked contrasts in source rock age (Fig. 1). The structural, depositional and igneous characteristics of these tectonic domains and their boundaries have been discussed by Jacques (2003).
The aim of this paper is two-fold: to define the position and continuity of the tectonostratigraphic domain boundaries across the South American Plate, and to assess their role in accommodating intraplate deformation during the Mesozoic breakup of the Gondwana Supercontinent.
Analysing geospatial relationships across South America
All structural and geology maps were compiled digitally as point and geographical (arc) coverages using ESRI's ARC/VIEW(TM) and ARC/INFO(TM) GIS (Geographic Information System) formats at a basin scale of around 1:500 000 to 1:2 000 000 (see Jacques 2003 for an example 'clip-out' map from the main digital coverage). A complete structural and geological coverage for South America has been achieved. This not only includes the foreland-style basins of the Sub-Andean and Southern Caribbean regions, as reviewed by Jacques (2003), but also includes the large intracratonic, interior sag basins (e.g. Solimoes Basin) and the passive margin basins of the South Atlantic (Brazil, Uruguay and Argentina) and Equatorial, Central Atlantic (Guyana, Surinam, French Guiana and Brazil) regions (Fig. 3). Each basin has been interpreted in its evolving plate tectonic context using a process-based form of stratigraphic analysis. For each basin, the aim has been to synthesize the tectonic, structural and depositional history. Because these geological data have been captured digitally as point and geographical (arc) coverage GlS formats, this allows for individual digital datasets to be visualized separately at any scale or in combination. The superimposition of one dataset onto another allows for spatial relationships to be recognized and analysed. An attempt has been made to provide a simplified map from the coverage to highlight some geospatial relationships, particularly with reference to the position, orientation and continuity of transverse, deep crustal structures across South America (Fig. 3). This has ultimately provided the basic structural framework from which subsidence patterns across South America can be analysed.

The purpose of this paper was to review state and federal court cases in order to assess the current status of judicial opinion regarding breast-feeding accommodations that may be required in the workplace. It was surprising to find that laws such as the Pregnancy Discrimination Act, the Americans with Disabilities Act and Civil Rights Act were not interpreted by the various courts to mandate that employers provide special accommodations for mothers in the workforce that were breast-feeding. As a result, various states have designed legislation fill the void left by the courts. Some of these laws are also discussed in this paper.
"...[F]ew would deny that the problems facing women who wish to bear children while pursuing challenging careers at the same time remain substantial"1
The purpose of this paper is to review state and federal court cases to determine the current status of the law regarding breast-feeding accommodations that may be required in the workplace. For example, is breast-feeding considered a disability under the Americans with Disabilities Act? If an employer refuses to grant, or extend, leaves of absence, is it guilty of disparate treatment and/or disparate impact? Is such a leave protected by the Family Medical Leave Act? If an employer fails to provide a private place, or extend break time, for a lactating employee using a breast pump, is it a violation of the Pregnancy Discrimination Act? These and other issues are considered in this paper.
Currently, there are five states that have statutes expressly dealing with breast-feeding practices in the workplace. These laws are also reviewed.
Breast-Feeding Issues in the Courts
A review of state and federal cases reveals that there is little in the law to support an employee's right to either nurse their babies during working hours or to set aside time for the expression of milk. Nevertheless, there was an absence of total uniformity in the various courts' reasoning.
Dike v. School Board of Orange County, Florida2
Janice Dike, a schoolteacher, brought an action in federal court challenging the school's refusal to permit her to breast-feed her child during her duty-free lunch period, in privacy, without disruption of school activities. Her husband or babysitter would bring the child to school. However, the principal directed Dike to stop this practice due to a rule prohibiting teachers from bringing their children to work with them for any reason.
Thereafter, Dike's child developed an allergic reaction to formula milk and she extracted milk with a breast pump. The infant refused to take bottles with her mother's milk and Dike was forced to take an unpaid leave.
Dike then sued the school board, claiming that breast-feeding on the job was necessary to her child's health and she also contended that she had a Constitutional right to breast-feed her child. A district court dismissed her suit, but the Fifth Circuit reversed and voided the lower court's requirement that she pay the School's attorney's fees. According to the Fifth Circuit, the 14th Amendment to the Constitution protects individuals from undue state interference with a citizen's freedom of personal choice in some areas of marriage and family life, including procreation, contraception, abortion, etc. It observed that:
"Nourishment is necessary to maintain the child's life, and the parent may choose to believe that breast-feeding will enhance the child's psychological as well as physical health. In light of the spectrum of interests that the Supreme Court has held specially protected we conclude that the Constitution protects from excessive state interference a woman's decision respecting breast-feeding her child."3
Nevertheless, the court noted that the Constitution does not prohibit all restrictions of protected liberties. The school board might establish, by appropriate pleadings and proof, that its regulations prohibiting teachers from leaving the campus or bring children to school, as applied to teachers who wish to breast-feed their children during non-duty time, may significantly further important state interests.4
Barrash v. Bowen5
Rona Barrash was a young married woman who worked for the Social Security Administration (SSA). After the birth of her first child in 1982, she was granted a six-month maternity leave, beginning with the birth of the baby so that she might provide breast-feeding. Meanwhile, the SSA was ordered to restrict the duration of administrative leaves. After the birth of her second baby in 1984, Barrash requested another six-month leave, but was granted one only for six weeks. She filed a grievance and subsequently, an agreement was reached between the union and the employer to extend her leave until September 10, 1984. Barrash returned to work on September 10th but stated that she developed an anxiety reaction to her work. The plaintiff was warned that if she did not report to work by September 24th, she would be considered absent without leave. On September 25th, when she was not at work, she was suspended, and subsequently discharged on November 4, 1984.

Situated on the Montebello Country Club Golf Course, the three-story Hilton Garden Inn[R] Montebello offers 121 guestrooms. Features include a signature glass-walled pavilion housing the reception desk; a Pavilion Pantry with a selection of refrigerated, frozen and microwaveable packaged items and sundries; a breakfast cafe; room service during dinner hours; a comfortable lounge area with a television and fireplace; an outside patio overlooking the golf course; a boardroom with 240 square feet of meeting space; a 24-hour, complimentary business center; and an on-site guest laundry facility.
Guestroom accommodations and features include a hospitality center with a microwave oven, coffee maker and mini-refrigerator; a sitting area with an easy chair and ottoman; a hairdryer; and an iron and ironing board. In-room entertainment and information services include video-on-demand movies, video games and interactive Hilton guest services.
Business-oriented features of the guest rooms include complimentary high-speed Internet access; a spacious work desk with a pull-out shelf for a laptop computer; adjustable lighting; an ergonomic chair; electrical outlets at desk height; and two telephones equipped with two lines, data ports and voice mail.
Recreational facilities consist of a fitness room and an outdoor heated swimming pool and whirlpool. The hotel offers many specialty packages including:
* Small-meeting packages offering an ideal executive boardroom setting
* Romance packages featuring a King Spa room and breakfast for two people
* Golf packages that include discounted greens fees for hotel guests
Members of the Hilton HHonors guest reward program can also Double Dip[R]--earn hotel points and airline miles for every qualifying stay at the Hilton Garden Inn Montebello.
"The hotel's residential feel has great appeal for corporate travelers conducting business in the Los Angeles area as well as for leisure travelers visiting friends and relatives," said Amy Alberts, hotel general manager.
"Hilton Garden Inn Montebello is within driving distance to many local attractions, including the Staples Center, Getty Center, Los Angeles Convention Center and Universal Studios."
Hilton Garden Inn, the upscale mid-priced brand targeted to today's growing segment of mid-market travelers, was the recipient of the distinguished "Highest Guest Satisfaction Among Mid-Price Hotel Chains with Full Service" award in the J.D. Power and Associates 2002 and 2003 North America Hotel Guest Satisfaction Study[SM] and last year was named "Best Mid-Priced Hotel" by Entrepreneur magazine in its 10th Annual Business Travel Awards. The 2003 recognition was recently presented to the Hilton Garden Inn brand for the second consecutive year.

The Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq., prevents a landlord from inflexibly applying a no-cosigners policy to disabled tenants, the Ninth Circuit Court of Appeals held. The FHAA requires a landlord to reasonably accommodate disabled tenants who cannot meet the income requirements for a lease because of their disabilities by assessing, on an individual basis, the risk of nonpayment created by a cosigner arrangement.
Here, Giebeler, who has AIDS, was unable to work due to his illness. His mother agreed to pay the rent for him. The apartment complex, which had minimum financial requirements for lessees and did not allow cosigners, refused to rent to Giebeler or his mother.
Giebeler filed suit against the apartment complex and several of its employees individually, alleging violations of the FHAA in that defendants failed to reasonably accommodate his disability. The trial court granted defendants summary judgment.
Reversing, the Ninth Circuit noted that plaintiff's disability is directly related to his inability to obtain a lease in his own name. His lack of income is due to his illness, the court noted, and therefore he is disabled for the purposes of the FHAA, and the apartment complex is required to reasonably accommodate him. Citing U.S. Supreme Court case law, the court said that it is permissible for an accommodation to favor disabled persons over others, and accommodations may compensate for the practical impact of a disability, not merely for its immediate manifestations. Plaintiff's inability to work is such a practical impact, the court said.
Finally, the court concluded that allowing some flexibility in its policy against cosigners is a reasonable accommodation. Accommodations need not be without cost to the landlord, the court noted. Plaintiff's request to have his mother as a cosigner on the lease does not threaten the landlord's interest in ensuring that it receives rent consistently. The arrangement does not require the landlord to accept less rent or otherwise alter plaintiff's responsibilities under die lease, the court held. Therefore, summary judgment for the landlord was inappropriate.

DESPITE the rising costs of settlement agreements, taking a case to trial still exceeds the price of cutting a check.
Although every case differs, attorneys say that opting to settle will shave al least one-third, and frequently more, off the expense of a lawsuit. Attorneys" fees, insurance coverage and the risks of a jury' verdict often supersede the desire to prove who's right.
"If the difference is in the hundreds of thousands of dollars, almost any sophisticated business litigator will say, "If the parties work hard, we should be able to settle this case,'" said Jeffrey Riffer, a partner of Jeffer Mangels Butler & Marmaro LLP. "In the long run, it's economics."
The highest cost in trying a case is attorneys' tees. At $300 to $400 per hour, paying a lawyer can account for hundreds of thousands of dollars of an overall trial cost.
"The attorneys' costs are so huge today it's almost insane," said Joel Grossman, former deputy general counsel of Sony Pictures Entertainment Inc. and now at ADR Services Inc., a private arbitration and mediation firm. "There's no way to intelligently litigate a case where there's less than a couple of hundred thousand dollars involved. It doesn't make any sense."
In divorce cases, emotional issues often cloud decisions about settling. But once the dust has settled, taking the case to trial often proves too costly even for the wealthiest of clients.
Manley Freid, a partner at Freid & Goldsman who has represented both the wage-earner and the spouse seeking support in divorces. said he often convinces the paying spouse to settle because it makes more financial sense.
"I'll say to the husband, it'll take you $10,000 to $30,000 (to settle)," he said. "She gets one bite of the apple. You replenish your war chest of savings, and in six to 12 months. you won't feel it remember it. You want to get this over with, get rid of the emotions, pay the extra bucks and move on."
The fees increase as attorneys get beyond a case's initial filings and begin preparing more time-intensive motions, such as discovery requests or a summary judgment that may cost $20,000 each based on an attorney's hourly rate, said Connie Michaels, an employment partner at Littler Mendelson PC. Once a client has invested $1,500 into a motion, he is more likely to take the case forward, she said.
Lawyers often cost defendants more than they do plaintiffs, whose counsel occasionally takes cases on a contingency basis. Also, defendants who lose their case run the risk of paying the plaintiffs' fees, as well. Then there are experts, depositions and videotapes that may run hundreds of thousands of dollars in additional expenses.
Plaintiff attorney Browne Greene, a partner at Greene Broillet Panish & Wheeler LLP, said one of the first questions he asks a defendant after filing suit is how much of the deductible has been paid and how much coverage is available.
"Insurance coverage makes a huge, huge impact," be said. "If you have a case worth $5 million and they have only $2 million in insurance and pay the $2 million, what can you do? You can sue individually and get a judgment, but more likely than not they can always go bankrupt."
Insurance affects the decision-making for corporate defendants, too, said Paul Braun, managing director of Aon Risk Services in Los Angeles. Typically, companies pay their attorneys up to their deductible, which is called a "retention amount" on commercial insurance claims arising from litigation. The amount varies from thousands of dollars to more than $1 million, with most corporate defendants opting for policies with lower premiums and higher deductibles.
In many cases, probability and statistics help guide a defendant. For instance, if juries in similar cases have found a defendant liable 80 percent of the time--and 50 percent of the time the damage award comes near $3.5 million--a settlement offer of $6 million may not seem worthwhile. But factor in the additional risk of punitive damages, which in similar cases have a 50-50 chance of dumping another $5 million against a defendant, and the offer appears better.
"What you're basically doing is trying to assess the probability of a series of things and that turns into a number," said Robert Dawson, a complex litigation partner at Fulbright & Jaworski LLP. "It's a little bit like a doctor in a clinical judgment: A lot of it is, 'How good is your lawyer in assessing cases?'"
Finally, there are indirect or non-monetary costs that factor into a settlement agreement.
Corporate defendants are often concerned about future lawsuits, as well as the impact on customer relations, morale in the office and time spent pulling executives away from their jobs. Plaintiffs lace the daily stress of worrying about their livelihood while looking for or maintaining a job.
Still, not every case should be settled. For a plaintiff who has a good chance of obtaining large damages, trying a case is worth a lawyers' investment. "The first $1 million verdict that happened in L.A. was in the late '60s and early '70s," Greene said. "It was $1 million for someone who was paralyzed. That case today would be worth 20 times that."

Adult smoking prevalence has been falling in the United States, down from 42.4 percent in 1965 to 24.1 percent in 1998, a 43 percent reduction. The percentage of adults who never smoked increased from 44 percent in the mid-1960s to 55 percent in 1997.1 It is not surprising then that owners of restaurants have responded to changing customer preferences by changing how they allocate their air space between smoking and non-smoking use. Restaurants without non-smoking seating sections have become exceptions. These provisions are not isolated to locations where state or local laws restrict or ban smoking and indicate an active private market in accommodation.
It has been shown that areas with lower adult smoking rates have more smoking laws and bans. It is important to note, however, that such laws have been introduced without much benefit of research on how the private market has dealt with the issue of accommodation of both smokers and non-smokers. Proponents of smoking restrictions often argue that smoking exerts a negative externality on non-smokers and that governments should control smoking through laws and bans. [Campaign for Tobacco Free Kids, 2002] Even if such externalities exist, it would appear to be useful first to ask whether, in the absence of laws, private markets work toward internalizing the externalities. An active market in accommodation might indicate that laws and bans are simply overturning, partially or totally, actions of owners that had successfully dealt with smoking-related externalities.
This paper examines the diversity of private market accommodations in roughly 1,000 restaurants and bars in Wisconsin. We develop a model that predicts which factors determine the share of seating devoted to non-smoking use within the setting of profit-maximization. While it is important to note that the data are limited to Wisconsin, this is likely a reasonable case study for a number of reasons. First, the state has few stringent smoking laws, providing a rich data set to explore how voluntary choices of owners are related to various factors. This analysis examines laws each owner may be subject to and considers this information in the model. Wisconsin is also not an outlier because it does not ban smoking everywhere, as does California, nor does it fail to control its use in restaurants, as does Nevada. Finally, the adult smoking rate in Wisconsin is 23.4 percent, which is well within two standard deviations from the median smoking rate of 22.9 percent of all states.
The paper begins with a literature review summarizing previous studies that address smoking policies. This is followed by a description of the data. An economic model then indicates which factors underlie smoking policies chosen by owners, and determines which factors are important to smoking policies in the absence of government restrictions and which factors are no longer important following the imposition of smoking laws. The conclusion discusses implications about the private market in accommodation and the effects of smoking bans and restrictions on individual owners.
LITERATURE REVIEW
Only limited research has been conducted on the private market in accommodation. Two studies directly examine seating allocations within restaurants and bars. Boyes and Marlow [1996] examine survey data in San Luis Obispo, one of the first cities to institute a ban on smoking in restaurants and bars. Sixty-four restaurants and bars were surveyed-roughly 65 percent of all affected businesses. The authors suggest that an active market in private accommodation existed prior to the ban because 62 percent of owners had non-smoking sections.
Logit models of support for bans in San Luis Obispo were estimated using data from a random survey of 764 individuals, 84 percent of whom were non-smokers. The empirical evidence indicates that the odds of supporting the smoking ban are significantly lower for respondents who smoke and are male. Age, education, and whether or not a respondent resided in the local community did not significantly influence odds of supporting the ban. Despite widespread support for the bans a significant percentage of the non-smokers (62 percent) also believed that smoking/non-smoking sections dealt effectively with smoking prior to the ban. Apparently, while a majority of non-smokers believed that the private market in accommodation was effective, they nonetheless favored outright bans.
Dunham and Marlow [2000a] also study private market accommodation. They examine national survey data drawn in 1996 from owners/managers of 1,300 randomly selected restaurants (650) and bars/taverns (650) across the United States. Samples were drawn in a statistically random manner and were applicable to all such establishments with a maximum sampling error of approximately plus or minus 4 percentage points. The survey found that, for restaurants, on average, 54 percent of seating was allocated to non-smoking, and for bars/taverns 5 percent was thus allocated. Both restaurants and bars/taverns exhibited cases where smoking was entirely prohibited as well as allowed throughout establishments. The authors conclude that state smoking laws do not influence allocations of non-smoking seating and suggest that laws are passed in states with relatively few smokers and therefore owners had already allocated relatively many seats to non-smoking use prior to the passage of laws. This hypothesis is supported by their finding that states with relatively many people involved in the tobacco manufacturing industry are significantly less likely to pass smoking laws than those states with relatively few workers. They also find that the percentage of seating allocated to non-smoking is negatively related to the percentage of smokers in the population, is significantly higher for owners affiliated with chains, and is significantly lower for older businesses and for bars.

It is becoming more common in the U.S. workforce that persons are maintaining employment longer for both personal and financial reasons. Americans over the age of 55 account for 22% of the nation's job growth and represent 18 million persons in the workforce. (U.S. Bureau of the Census, 2000). As the baby-boom generation moves toward retirement age and as health care advances continue, more individuals are choosing to continue to engage in full and part time work activities. The value of work as a source of personal identity and reward, remains a strong component of many aging person's lives. (Szymanski, Ryan, Merz, Trevino & Johnston-Rodriguez, 1996).
As a result of persons remaining in the workforce, the opportunity for greater occurrences of traumatic and disease related disabilities exist. Fortunately, advances in medicine and rehabilitation, have made living and working with a disability a greater possibility. Aging with a disability has been described as one of the most important new developments in rehabilitation. (Rancho Los Amigos National Rehabilitation Center, 2001). The purpose of this article is to identify some of the key issues affecting older persons with late-onset disabilities (post age 55) and to offer some recommendations for rehabilitation professionals to facilitate maximum adjustment to employment and other important life areas.
Psychosocial Adjustment
With aging and the occurrence of later-in-life disabilities, numerous employment and other important life domain issues emerge that can require significant life adjustments. Psychosocial adaptation to disability involves complex interactions between personal, social, and environmental factors for each person (Keany & Glueckauf, 1999). Livneh (2001) recommends viewing adaptation ecologically, and that practitioners use an eclectic approach to teach adaptive coping skills, help client work through perceptions of loss, and assist in modification or removal of environmental barriers. Adjustment to disability for persons with late-onset occurrence can be challenging because of their pre-disability lifestyle and level of functioning. Because of their age and life experiences, such persons have acquired certain stability and predictability factors related to their personal, family, and work life. The occurrence of a disability can potentially disrupt many of the previously manageable aspects of their life such as employment, relationships, and economic independence and lead to feelings of frustration and despair. Their values tend to be more stable and entrenched and can present challenges to adapting to new changes. Successful adjustment requires a level of value examination, a reshaping of values and goals, and implementation of coping strategies (Keany & Glueckauf, 1999). Persons with late-onset disabilities face the dual challenge of adjusting to both their disability and aspects of growing older with the accompanying physical and role changes.
There are certain implications for persons with late-onset disability entering rehabilitation settings. For older persons, independence, effort, accepting pain, and maximizing functional ability are valued often at the expense of comfort and nurturance (Hartke, 1991).
In rehabilitation, goals are often defined by values that constitute quality of life, such as suitable income, independent living arrangement, driving privileges, and job satisfaction. Being able to develop or maintain a positive or high quality of life after a disability is one of the key outcomes in rehabilitation (Kemp, 2000).
Employment
From an employment standpoint, older persons with late-onset disabilities have followed a more traditional career development evolution as described by Super and other theorists (Szymanski, Hershenson, Enright & Ettinger, 1996). In general, their work lives have had elements of choice and some degree of opportunity to move among various employment situations. Many have had stable careers in semi-skilled, skilled, and professional occupations and are actively planning for retirement. In fact, 33% of the workforce over the age of 55 is employed in managerial and professional occupations (U.S. Bureau of the Census, 2000). With the occurrence of a disability after the age of 55, questions regarding ability or lack of ability to remain in employment become important considerations. Financial matters also become significant as adjustment to a reduced level of income is frequently required. The individual may need to explore benefits, such as short and long term disability and Social Security Disability Insurance (SSDI). Future vocational planning with realistic job goals can become a major task for those who desire to continue working. Even consideration of a career change may be a challenge for persons who have remained in one career throughout their employment history, not to mention issues around physical stamina, sensory acuity, and cognitive functioning brought on by the disability or simply the function of age. Some older adults have decided not to pursue competitive employment due to their age and disability and are using vocational programs inappropriately to remain active. Many older persons are not pursuing competitive employment goals, but rather are using vocational programs as a social outlet (Drebing, Losardo,Van Ormer, Krebs, Penk, Nasser, et al, 2002). Alternative programming should be sought for such persons.

Accommodating a longtime employee's medical impairments does not establish that an employer regarded the employee as disabled under the Americans with Disabilities Act (ADA), according to the 7th U.S. Circuit Court of Appeals.
In June 2003, Connie Cigan, a 30-year employee of the Chippewa Falls School District, retired from her position as physical education instructor. According to Cigan, the school district forced her to retire because of her medical impairments, which included arthritis, bursitis and degenerating spinal discs.
Before her retirement, the school permitted Cigan to take time off work and to ask other teachers to cover some of her duties or to adjust their own teaching periods to provide her with additional rest time.
In January 2003, the school superintendent informed Cigan that he would not recommend renewing her contract for the 2003-2004 school year. Cigan decided to retire at the end of the school year.
Cigan then filed a lawsuit, alleging violation of the ADA based upon her "forced" retirement, which she characterized as a constructive discharge. The lower court dismissed her claims, and the 7th Circuit agreed, holding that constructive discharge must include "unendurable working conditions." Cigan's argument that working conditions are irrelevant when the prospect of discharge lurks in the background was unfounded in law. The prospect of being fired at the conclusion of an extended process is not itself a constructive discharge, the court said.
The appeals court also held that Cigan was not "disabled" under the ADA because she did not show she was substantially limited in any major life activity. Instead, Cigan asserted that the school district had "regarded" her as disabled, based primarily on the district's efforts to accommodate her impairments.
The ADA requires employers to provide certain accommodations to qualified individuals with disabilities, and to engage in an interactive process to determine the applicability and reasonableness of the accommodations. For most purposes, a person "regarded as" disabled by an employer has the same rights as a person who actually is disabled. An individual is regarded as disabled when the employer believes that an impairment substantially limits one or more of the employee's major life activities.
The 7th Circuit, however, was unwilling to accept the premise that an employer offers accommodations only if it thinks an employee suffers from a substantial limitation in a major life activity. Instead, the court specifically found that "decent managers" try to help employees cope with declining health without knowing or caring whether an employee fits the description in the federal statute. Similarly, managers can respond to state and local laws, regulations, and collective bargaining agreements without implicitly concluding that an employee is disabled.

Abstract
Despite changes in the nature of supported accommodation services for people with learning disabilities, little progress was made during the '70s, '80s and '90s in addressing the extent of unmet need. While the advent of Supporting People has more recently led to an increase in the volume of provision, unmet need continues to be a major concern to people with learning disabilities and their families. There is good reason to believe that, as a result of changes in the demographic profile of people with learning disabilities, changes in expectations and changes in the pattern of informal care, this issue will become substantially more pressing over the coming two decades. This paper attempts to estimate the nature and extent of increased need.
IntroductionThe last four decades have witnessed dramatic changes in the way we have provided supported accommodation for people with learning disabilities. In 1976, more than 50,000 people with learning disabilities were living in large-scale NHS long-term institutional provision. In effect, institutionalisation was the only option for people with learning disabilities who could not live relatively independently and who, for whatever reason, no longer lived with their family. In 2006 the last of these NHS institutions will close. In their place we now have an array of smaller, more community-orientated provision (Emerson, 2004).
There is little doubt that these changes have, overall, been to the benefit of people with learning disabilities and informal carers (Emerson & Hatton, 1994; Hatton & Emerson, 1996). There is also little doubt that the gains made are still far from sufficient to afford many people with learning disabilities an acceptable quality of life (Emerson et al, 2005).
Improving the quality of supported accommodation is, however, only part of the problem we are currently facing. The other key part relates to increasing the supply of supported accommodation services in order to meet current and future need and demand. The 1971 White Paper Better Services identified a significant shortfall in the volume of provision, and set specific targets for increasing volume by 1991. The best estimate is that no progress at all was made towards these targets over the following three decades (Emerson & Hatton, 1998), and that unmet need for supported accommodation for people with learning disabilities continued to constitute a major problem (Watson, 1996).
In this paper I will address three questions that are relevant to estimating current and future need and demand for supported accommodation services for people with learning disabilities.
* How many adults with learning disabilities are there in England?
* Do the numbers of adults with learning disabilities vary by area?
* How might the need and demand for supported accommodation change in the future?
How many people with learning disabilities are there in England?
There are two quite different answers to this question. Our best estimate (derived from analysis of learning disability registers) is that 0.46% of the adult population of England are users (if only on an occasional basis) of services for people with learning disabilities (Emerson & Hatton, 2004b). This is equivalent to approximately 170,000 adults aged over 20 in England.
We know from epidemiological studies (Leonard ft Wen, 2002), however, that the 'true' prevalence of learning disabilities is much closer to two per cent of the adult population (equivalent to approximately 800,000 adults aged 20 or more). The discrepancy between these two figures is due to a combination of factors, including the use of eligibility criteria to exclude people with lower support needs from services, and the reluctance of some people with learning disabilities to identify themselves as such during their interactions with service providers.
Table 1, below, gives estimated age-specific prevalence rates for the 'administrative' and 'true' populations of people with learning disabilities in England. These estimates can be used to predict the number of adults with learning disabilities who, on average, would be expected to be eligible for services in any given area.
Does the number of adults with learning disabilities vary by area?
Epidemiological studies have consistently reported that the prevalence of less severe learning disabilities (and learning disabilities that have no clear biological basis) is closely related to level of social deprivation (Leonard et al, 2005; Leonard & Wen, 2002). Poverty is a major cause of learning disabilities. There is also some evidence to suggest that the prevalence of more severe learning disabilities may be higher among some minority ethnic communities (Emerson & Hatton, 2004c).
Figure 1, below, shows how the potential need for supported accommodation services varies between areas with different levels of social deprivation. The data are taken from the first national survey of the life experiences of English adults with learning disabilities (Emerson et al, 2005). The figure shows the variation in the percentage of adults living in private households (that is, not living in the supported accommodation sector) when compared with an 'average' area in England. Each column represents 20% of the population of England, running from the 20% most deprived areas to the 20% most affluent areas. The measure of deprivation used to construct this figure was the multiple deprivation index from the English Indices of Deprivation 2004 applied to lower level super-output areas (Noble et al, 2004). These figures could be used in conjunction with the estimates derived from Table 1 to adjust estimated local need on the basis of the level of deprivation of local areas. So, for example, a local authority covering an area in which all super-output areas fell within the most deprived 20% in England would be expected to have a 52% increased potential demand for supported accommodation services for people with learning disabilities.