NCJ Number
170678
Journal
Trial Volume: 33 Issue: 12 Dated: (December 1997) Pages: 28-35
Date Published
1997
Length
8 pages
Annotation
The Americans With Disabilities Act (ADA) has opened many doors but plaintiff lawyers are needed to ensure the ADA reaches its full potential since some business interests are determined to narrow its scope.
Abstract
Perhaps the most dramatic and visible success of the ADA has been in the area of public accommodations, and the ADA contains provisions on insurance, employment, transportation, and services. Despite the intent of the act, employment plaintiffs have been the target of court decisions that severely limit the scope of the ADA, and persons with disabilities still have a long way to go to become equal partners in society. One of the most difficult areas in ADA jurisprudence involves defining disability, reasonable accommodation, and undue burden. The challenge of advocates is to ensure these terms are defined by their common meaning and not by reaching for the most extreme definitions where any expense becomes unreasonable, as many business advocates suggest. Another challenge is to provide judges and juries with the necessary facts in a given case. The ADA is a law with a unique opportunity for self-advocacy, and the education of employers, businesses, and governments about ADA requirements and nominal costs of compliance is important. 15 notes and 1 photograph