Public Employers' Obligation to Reasonably Accommodate the Disabled under the Rehabilitation and Americans with Disabilities Acts

1992 ◽  
Vol 21 (3) ◽  
pp. 273-300 ◽  
Author(s):  
Harvey R. Boller ◽  
Douglas Massengill
Keyword(s):  
Americans With Disabilities Act ◽  
Employment Discrimination ◽  
Individuals With Disabilities ◽  
Reasonable Accommodations ◽  
The Disabled ◽  
Rehabilitation Act ◽  
The Individual

Effective July 22, 1992, the Americans with Disabilities Act, in conjunction with the Rehabilitation Act, will prohibit virtually all public employers from employment discrimination against individuals with disabilities. Compliance with these statutes requires employers to make modifications —called “reasonable accommodations”—which permit individuals with disabilities to perform the “essential functions” of the position they hold or seek. The Article examines issues on which there is little literature: when, and to what extent, do these statutes require an employer to modify the job or the workplace to accommodate an individual with a disability? Resolution of these questions requires consideration of three additional, interrelated questions. First, what are the “essential functions” of a position? Second, are there accommodations which would permit the individual to perform its essential functions? Third, would the proposed accommodations impose an “undue hardship” on the employer?

Mental illness in the workplace: The tension between productivity and reasonable accommodation

1995 ◽  
Vol 23 (1) ◽  
pp. 155-184 ◽  
Author(s):  
Susan L. Pollet
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Recent Case ◽  
Reasonable Accommodation ◽  
Rehabilitation Act Of 1973 ◽  
Reasonable Accommodations ◽  
Rehabilitation Act ◽  
The Individual

This article discusses the current legislation that an employer must comply with when dealing with employees who suffer from mental illness and the extent to which an employer must provide reasonable accommodations to such individuals. It includes a discussion of the standards, including the reasonable accommodation requirement, under both the Rehabilitation Act of 1973 (“Rehabilitation Act”) and the Americans with Disabilities Act of 1990 (“ADA”). The article also discusses recent case law involving claims under the above legislation with respect to the threshold question of whether the individual has a “qualifying handicap” and reasonable accommodation issues. The article concludes with a discussion of recommendations regarding ways in which an employer can reasonably accommodate a mentally ill employee, with a brief analysis of some of the barriers to accomplishing same.

scholarly journals Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities

2018 ◽  
Author(s):  
Helia Garrido Hull
Keyword(s):  
Civil Rights ◽  
Americans With Disabilities Act ◽  
Small Businesses ◽  
Equal Access ◽  
Individuals With Disabilities ◽  
Full Compliance ◽  
Disability Law ◽  
The Disabled ◽  
Title Iii ◽  
Improve Access

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 1 , Article 2. The Americans with Disabilities Act (“ADA”) is recognized as one of the most significant pieces of civil rights legislation in American history and is aimed at protecting the rights of individuals with disabilities. Unfortunately, as the ADA has developed, some attorneys have exposed methods of exploiting the provisions of the ADA for personal, pecuniary benefits—fee-driven lawsuits for violations of plaintiff-friendly provisions of Title III of the ADA. As a result of this exploitation, record numbers of Title III disability cases are being filed by a small group of plaintiffs and attorneys who have created a lucrative “cottage industry” of vexatious and profitable lawsuits that do little to protect individuals with disabilities or promote the spirit and purpose of the ADA. Vexatious ADA litigation frequently occurs under the guise of a meritorious suit ostensibly brought on behalf of an individual with a disability who is seeking equal access to public accommodations. However, once the lawsuit is filed it quickly devolves into a hunt for vulnerable small businesses that are not in full compliance with the ADA. By exploiting small businesses that are likely to settle quickly instead of engaging in lengthy, costly litigation, lawyers bringing these cases are able to quickly recover attorney’s fees. The profitability and ease with which these lawsuits can be brought has prompted some attorneys to find and file as many ADA violation suits as possible. While the attorneys generate high profits from these lawsuits, money is diverted away from the real need—correcting the underlying violation that justified the lawsuit and providing the disabled plaintiff with equality and accessibility.This Article addresses the need to reform the ADA to prevent vexatious litigation and to promote the underlying goals of the Act. Part I of this Article introduces the topic of vexatious litigation and the importance of remedying the effects of exploitation of the ADA. Part II provides an overview of the ADA and its efforts to increase accessibility to individuals with disabilities, emphasizing the provisions of the Act that create incentives to engage in vexatious litigation. Part III examines and analyzes the judiciary’s response to vexatious litigation under the ADA, and sanctions that have been issued to limit exploitation. Finally, Part IV provides recommendations to reform the ADA and state disability law counterparts, suggests corrective actions to address vexatious litigation, and identifies methods to promote equality for individuals with disabilities.

scholarly journals The Americans With Disabilities Act: Equal Opportunity for Individuals With Disabilities, in Some Large Businesses, in Some Major Cities, Sometimes . . .

2008 ◽  
Vol 69 (3) ◽  
Author(s):  
Eric Allen Harris
Keyword(s):  
Title I ◽  
Americans With Disabilities Act ◽  
Equal Opportunity ◽  
Individuals With Disabilities ◽  
The Disabled ◽  
Legitimate Interests ◽  
President Bush

On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law by President George H.W. Bush. Congress stated that the purpose of the ADA was “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” The first subchapter (Title I) of the ADA addresses accommodations for the disabled in the field of employment. President Bush attempted to quash “fears that the ADA is too vague or too costly” by stating that the Act struck a careful balance between the rights of individuals with disabilities and the legitimate interests of businesses. In particular, he noted that Title I of the ADA would become effective for employers with twenty-five or more employees on July 26, 1992, with an extension to employers with fifteen or more employees on July 26, 1994, thus permitting employers adequate time to become acquainted with the ADA. But in fact, the exclusion of employers with fewer than fifteen employees requires only a small percentage of the nation’s employers to ever become acquainted with the ADA at all.

Assistive Technology

2014 ◽  
pp. 320-349 ◽  
Author(s):  
Ben Tran
Keyword(s):  
Assistive Technology ◽  
United States Of America ◽  
Americans With Disabilities Act ◽  
The United States ◽  
Motor Disability ◽  
Reasonable Accommodations ◽  
Microsoft Corporation ◽  
The Disabled ◽  
History Of ◽  
Evolution Of Technology

The purpose of this chapter is to analyze the history of motor disabled assistive technology. Specifically, this chapter will cover motor disability and the history of assistive technology related to motor disability. As such, this chapter will also include the evolution of technology and its components, resulting in the creation and development of assistive technology. Assistive technology will be defined and analyzed, the history of disabilities will be covered, and the history of motor disability will be discussed. Reasonable accommodations, based on the Americans with Disabilities Act (ADA), in relations to the utilization of assistive technology, in the disabled community, as well as in relations to the independence of the disabled will be covered via the paradigms of assistive technology trainer and job developer for the disabled in the United States of America—capital of technology—Google, Inc., Yahoo! Inc., Microsoft Corporation, Cisco Systems, Inc.—and capital of assistive technology.

The Americans with Disabilities Act

2000 ◽  
Vol 29 (2) ◽  
pp. 211-224 ◽  
Author(s):  
J. Edward Kellough
Keyword(s):  
State Government ◽  
Americans With Disabilities Act ◽  
Local Governments ◽  
Management Practices ◽  
Disabled Persons ◽  
Personnel Practices ◽  
The Disabled ◽  
Rehabilitation Act ◽  
State And Local ◽  
The Impact

The Americans with Disabilities Act (ADA) is important legislation designed to prohibit discrimination against disabled persons, but most state and local governments covered by the Act were already prohibited from discrimination against the disabled by provisions of Section 504 of the Rehabilitation Act of 1973. This article reports the results of a national survey designed to measure the perceptions of personnel managers from state government departments and agencies regarding the impact of the ADA on public personnel management practices given concurrent coverage of the Rehabilitation Act. A majority of the managers from organizations subject to the Rehabilitation Act reported that the ADA had no significant effects on their organizations. Substantial proportions of respondents agreed, however, that the ADA did have certain more narrowly defined effects on public personnel practices. Possible explanations for the perceived effects of the ADA despite coverage by the Rehabilitation Act are considered.

The Role of the Pediatrician in Implementing the Americans With Disabilities Act: Subject Review

PEDIATRICS ◽  
1996 ◽  
Vol 98 (1) ◽  
pp. 146-148
Author(s):  
Keyword(s):  
American Academy ◽  
Special Needs ◽  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
Reasonable Accommodation ◽  
Individuals With Disabilities ◽  
American Academy Of Pediatrics ◽  
Counseling Adolescents ◽  
Recreational Programs

In this statement, the American Academy of Pediatrics reaffirms the importance of the Americans With Disabilities Act (ADA), which guarantees people with disabilities certain rights to enable them to participate more fully in their communities. Pediatricians need to know about the ADA provisions to be able to educate and counsel their patients and patients' families appropriately. The ADA mandates changes to our environment, including reasonable accommodation to the needs of individuals with disabilities, which has application to schools, hospitals, physician offices, community businesses, and recreational programs. Pediatricians should be a resource to their community by providing information about the ADA and the special needs of their patients, assisting with devising reasonable accommodation, and counseling adolescents about their expanded opportunities under the ADA.

scholarly journals Interaction of Socio-demographic Characteristics on Acceptance of Disability Among Individuals With Physical Disabilities

2021 ◽  
Vol 12 ◽  
Author(s):  
Eun-Young Park ◽  
Jung-Hee Kim
Keyword(s):  
High School ◽  
Health Status ◽  
Low Income ◽  
Physical Disabilities ◽  
Economic Status ◽  
Sociodemographic Characteristics ◽  
Team Members ◽  
The Disabled ◽  
Employment Education ◽  
The Individual

This study aimed to investigate the interaction of sociodemographic characteristics on acceptance of disability among individuals with physical disabilities (IWPD). Data from the 8th Panel Survey of Employment for the Disabled in Korea (PSED) in the second wave were used. A sample concerning the first phase of disability was extracted using the one-step colony method to extract regions and was stratified based on the type of disability, disability grade, and age. To explore the association between acceptance of sociodemographic characteristics and of disability, we used a general linear model. A significant main effect was observed in employment, health status, degree of help, and subjective economic status. Regarding employment status, acceptance of disability in unemployment of IWPD with less than high school was lower as compared to those with more than high school. We observed that unemployed IWPD with low income or poor health status could be the group with the highest risk for acceptance of disability. Individuals in the low economic group were more religious than those in the high economic one. These findings indicate that specialized intervention programs that consider religion, economic status, employment, education, health, and their interactions would be effective for acceptance of disability. Interdisciplinary team members should consider the individual profiles of these populations and implement suitable support and rehabilitation programs.

scholarly journals Employment Discrimination Charge Rates: Variation and Sources

2021 ◽  
Vol 7 ◽  
pp. 237802312110643
Author(s):  
Donald Tomaskovic-Devey ◽  
Carly McCann
Keyword(s):  
African Americans ◽  
Spatial Variation ◽  
Job Loss ◽  
Employment Discrimination ◽  
State Level ◽  
Level Variation ◽  
Legal Representation ◽  
Potential Sources ◽  
The Disabled ◽  
Rights Consciousness

The authors document variation in charge rates by demographic basis, observe basis and spatial variation in charge rates, and examine potential sources of this variation. The authors find that discrimination charge rates are much higher for the disabled and African Americans than for women, people older than 40 years, Hispanics, Asians, immigrants, and men, and there is dramatic state-level variation in charge rates. Possible explanations for this variation include access to legal representation, post-complaint employer retaliation, job loss, rights consciousness, and variations in charge outcomes. Findings point toward regulatory outcomes mandating changes in employer behavior as the only robust antecedent to discrimination charge filing. Unfortunately remedies targeting employer behavior are rare, while employer retaliation and firing are common. Neither access to law nor the frequency of monetary damages are associated with charge filing. Rights consciousness is associated with more discrimination charge filings, but only on the bases of disability.

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