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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.
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“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
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Research works printed but not linked: 35
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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
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