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A survey by the American Bar
Association (ABA) shows employers are overwhelmingly successful in
defending themselves against Americans with Disabilities Act (ADA)
discrimination claims, in both court actions and administrative
complaints before the
Equal Employment Opportunity Commission (EEOC).
The survey found that employers won an astounding 95.7% of 434
federal court decisions decided under the Title I employment
provisions of the ADA and 85% of the administrative complaints
completed by the
EEOC in 1999.
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Employer wins have steadily increased
over the years the ADA has been enforced. The ABA’s previous
survey of 403 court cases covering 1998 showed an employer win rate
of 94.4%, while the first survey of 1200 cases covering 1992 to 1997
showed a success rate of 91.6%. All three of the surveys show
employers prevailing before the EEOC at about the same 85% rate.
The study also shows that only 12%
of the 1999 employer court "victories" were settled on the merits of
the employers’ arguments. According to the study, these results
suggest that procedural errors and technical points of law caused a
large portion of the wins, and indicate that employees have a hard
time meeting the legal requirements of the ADA’s definition of
disability. Advocates for the rights of the disabled have contended
that the ADA needs to be made more "employee friendly." Employer
representatives (who generally support the intent of the ADA) point
out, however, that narrow definitions are needed since many of the
claims involve conditions that are hard to substantiate as
disabilities, such as back pain and mental stress.
For more information, contact the ABA Commission on Mental and
Physical Disability Law, 740 15th Street NW, Washington, D.C. 20005,
telephone, 202-662-1570. |
Personnel
Policy Service, Inc.
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