The DOI matches its Crossref record.
The Implications of ADA Litigation for Employers: A Review of Federal Appellate Court Decisions
Abstract
Analysis of litigation outcomes indicates that most plaintiffs who sue under the Americans with Disabilities Act are unsuccessful. Equal Employment Opportunity Commission enforcement data and six years of federal appellate court decisions were reviewed, as well as recent rulings of the United States Supreme Court. The courts are interpreting the ADA very narrowly, and very few plaintiffs prevail. The results of this research suggest that if employers engage in an individualized assessment of whether an individual is protected by the law and whether the requested accommodation is reasonable, legal liability will be minimized. © 2001 John Wiley & Sons, Inc.
Overview
Integrity signals
Registry
Cites
Statistics
Verification
Claims the paper makes
Claims other papers make about this one
Each is checked against this paper’s own text: does it say what the citing paper says it does?
In the citing paper
“When legal action does occur in the context of the ADA, the decisions most often favor employers (Lee, 2001).”
From The Participation of People with Disabilities in the Workplace Across the Employment Cycle: Employer Concerns and Research Evidence (2020) · cites this paper as Lee, 2001
Citations
Cites
No references could be resolved yet.
Research works printed but not linked: 35
- Blanck P.D., 1998, The Americans with Disabilities Act and the emerging workforce
- Burgdorf R.L., 1997, ‘Substantially limited’ protection from disability discrimination: The special treatment model and misconstruction of the definition of disability, Villanova Law Review, 42, 409
- Cashin J.R., 1996, Strategies can control multiplying ADA lawsuits, Best's Review—Property and Casualty, 97, 86
- Chirikos T.N., 1991, The Americans with Disabilities Act: From policy to practice, 150
- Collignon F.C., 1986, Disability and the labor market, 196
- 10.2307/3312372 · DOI
- D'Agostino T., 1997, Defining “disability” under the ADA: Revised and expanded 1997 edition
- 10.2307/3053836 · DOI
- 10.2307/255999 · DOI
- Hodges A.C., 1994, The Americans With Disabilities Act in the unionized workplace, University of Miami Law Review, 45, 567
- Janofsky J.C., 1993, Whoever wrote ADA regs never ran a business, The Wall Street Journal, 12
- Lanctot, 1997, Ad hoc decision making and per se prejudice: How individualizing the determination of ‘disability’ undermines the ADA., Villanova Law Review, 42, 327
- LaPlante M.P., 1991, The Americans with Disabilities Act: From policy to practice, 55
- 10.1016/1053-4822(92)90011-E · DOI
- Lee B.A., 1995, Employer response to disability: Preliminary evidence and a research agenda, Employee Responsibilities and Rights Journal, 8, 209, 10.1007/BF02627842 · DOI
- Livingston S., 1991, New rights law is expected to bring more disabled into the workplace., Newark Star Ledger, 40
- Locke S.S., 1997, The incredible shrinking protected class: Redefining the scope of disability under the Americans with Disabilities Act, Univ. of Colorado Law Review, 68, 107
- 10.1007/BF01390353 · DOI
- 10.1037/h0099449 · DOI
- 10.2307/3481155 · DOI
- Murphy R.K., 1991, Reasonable accommodation and employment discrimination under Title I of the Americans with Disabilities Act, Southern California Law Review, 64, 1607
- Myers v. Hose 50 F.3d 278 (4th Cir. 1995). · DOI
- O'Melveny M.K., 1994, The Americans with Disabilities Act and collective bargaining agreements:Reasonable accommodations or irreconcilable conflicts?, Kentucky Law Journal, 82, 219
- Pritchard, 1995, Avoiding the inevitable: Resolving the conflicts between the ADA and the NLRA, The Labor Lawyer, 11, 375
- 10.1111/j.1744-6570.1993.tb00881.x · DOI
- Sanders v. Arneson Products 91 F.3d 1351 (9th Cir. 1996). · DOI
- Schoenfeld S.L., 1989, Sex discrimination in higher education employment: An empirical analysis of the case law, Journal of Law and Education, 18, 567
- Smith J.L., 1992, Accommodating the Americans with Disabilities Act to collective bargaining obligations under the NLRA, Employee Relations Law Journal, 18, 273
- Smolowe J., 1995, Noble aims, mixed results, Time, 54
- 10.2307/256505 · DOI
- Vassel R.A., 1994, The Americans with Disabilities Act: The cost, uncertainty and inefficiency, Journal of Law and Commerce, 13, 397
- 10.1111/j.1744-6570.1997.tb00898.x · DOI
- 10.1016/S1053-4822(97)90024-3 · DOI
- Wilkinson W., 1997, Judicially crafted barriers to bringing suit under the Americans with Disabilities Act, South Texas Law Review, 38, 907
- A review of two additional years of ADA litigation (through June 22 2000) reveals that plaintiffs are no more successful after the U.S. Supreme Court rulings than before and that the use of the “regarded as disabled” theory has not appreciably increased the proportion of plaintiffs who prevail (Lee 2000).
Cited by
Sorted by citations
Bonaccio, S., Connelly, C. E., Gellatly, I. R., Jetha, A., & Martin Ginis, K. A. (2020) · Journal of Business and Psychology · doi:10.1007/s10869-018-9602-5 · Cited by 491
“When legal action does occur in the context of the ADA, the decisions most often favor employers (Lee, 2001).”
BackgroundOverlooked and underutilized: People with disabilities are an untapped human resource
Lengnick‐Hall, M. L., Gaunt, P. M., & Kulkarni, M. (2008) · Human Resource Management · doi:10.1002/hrm.20211 · Cited by 301
Metadata
- Authors
- Lee, B. A.
- Affiliations
- Rutgers, The State University of New Jersey (US)
- Corresponding author
- Lee, Barbara A.
- Venue
- Human Resource Management
- Publisher
- Wiley
- Published
- 2001-03
- Volume
- 40
- Issue
- 1
- Pages
- 35-50
- ISSN
- 0090-4848 (ISSN-L)
- 1099-050X
- OpenAlex
- W2150485762
- Cited by
- 25
- References
- 0
- Citations by year
- 2026: 1 · 2022: 1 · 2021: 2 · 2019: 1 · 2016: 3 · 2014: 2 · 2013: 2
- FWCI
- 7.34
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- Human Resource Management (publishedVersion)
- Topics
- Social Sciences › Education › Disability Education and Employment
- Social Sciences › Law › Business Law and Ethics
- Social Sciences › Law › Discrimination and Equality Law
- Keywords
- Americans with Disabilities Act, employer liability, reasonable accommodation, individualized assessment, Supreme Court decision, litigation outcomes
About these checks
Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
Statistics and arithmetic are recomputed, not judged.
Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.
What counts as a claim ›How we measure confidence ›How we check this ›
Are you an author, or do you see a problem with this page? Request a review
How to cite
Cite CoChat for the checks on this page, and the paper for its own findings.
- This page
- CoChat. (2026). Citation check: The Implications of ADA Litigation for Employers: A Review of Federal Appellate Court Decisions. https://app.cochat.ai/papers/10.1002/hrm.4014
- The paper
- Lee, B. A. (2001). The Implications of ADA Litigation for Employers: A Review of Federal Appellate Court Decisions. Human Resource Management. https://doi.org/10.1002/hrm.4014
