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The article focuses on the failure of U.S. federal circuit courts in fulfilling the purpose of the Americans With Disabilities Act (ADA) in relation to reassignment to a vacant position as a reasonable accommodation. Topics discussed include the purpose of the ADA as stated by the U.S. Congress, the divide among circuit courts that led to the unequal treatment of disabled workers, the limited guidance from the U.S. Supreme Court, and the need for reassignment to be mandatory.

The Americans with Disabilities Act of 1990 (ADA) was the first federal disability-based anti-discrimination law that applied to a broad range of workers. Whereas some studies have focused on its impact on workplace accommodation, this is the first to do so while accounting for previous state anti-discrimination and Workers' Compensation laws. Using data from the Health and Retirement Study, the authors find that prior to the implementation of the ADA, employers were more likely to accommodate workers if their disability onset was work-related and hence likely to be covered by Workers' Compensation laws. State anti-discrimination laws significantly increased accommodations to workers whose disabilities were not work-related, effectively bringing their accommodation rates in line with workers whose disabilities were. Though implementation of the ADA increased accommodation for all workers, the authors point out that failure to account for pre-existing state anti-discrimination and Workers' Compensation laws will underestimate its effect. [ABSTRACT FROM AUTHOR]

Although the Americans with Disabilities Act requires most employers to provide reasonable accommodation, there is reason to believe that people with disabilities are often unwilling to make such requests. The authors therefore focus on factors influencing the requester's likelihood of seeking an accommodation. By drawing upon the theories of planned behavior, help-seeking, and distributive justice, the authors propose a framework identifying several salient beliefs that may influence request likelihood and then explore the role of select situational characteristics in shaping these beliefs as a way to more fully understand the requester's assessment process. [ABSTRACT FROM AUTHOR]

The author presents a model of when and how coworkers judge the distributive fairness of workplace accommodations of employees with disabilities. Fairness judgments are made when accommodations are salient and relevant to coworkers. The author thus presents factors influencing the salience and relevance of accommodation. She also argues that fairness judgments are based on equity and need rules and therefore explores factors influencing equity comparisons and perceived warrantedness. Finally, the author suggests directions and ideas for future research. [ABSTRACT FROM AUTHOR]

The authors developed and tested hypotheses describing the psychological process invoked when managers receive requests for accommodations from employees with disabilities. In two scenario-based experiments, obligation and attitude had consistent effects on managers' intentions to comply, mediating the influence of performance instrumentality and perceived fairness. Psychological reactions were affected by the controllability of a disability's onset, the employee's past performance, and the size of the requested accommodation. [ABSTRACT FROM AUTHOR]

The article informs on circuit split regarding noncompetitive reassignment under the U.S. Americans with Disabilities Act (ADA) of 1990. Topics discussed include brief background of the ADA and reasonable accommodation; U.S. Court of Appeals for the Eleventh Circuit court case EEOC v. St. Joseph's Hospital, Inc. addressing reasonable accommodation; and the U.S. Supreme Court case U.S. Airways, Inc. v. Barnett on reasonable accommodation of a disabled employee.

The article focuses on growth of effective and affordable assistive technology with potential benefit both to workers with disabilities and to their employers. It mentions tax, retention, attendance, productivity, and public image advantages of employing workers with disabilities. It also mentions goal of increasing the employment of workers with disabilities by educating employers and minimal cost and unexpected benefits to the employer under Americans with Disabilities Act of 1990 (ADA).

The article presents a study which explored the impact of the disability of a job applicant on evaluative judgments in the selection process. A brief overview of the research problem and the methodology used in the study is discussed. The subjects of the study and procedures used in the study are detailed. The results of the study are reviewed, and a discussion of it's implications for further research and limitations stemming from the data set used are also examined.

This article discusses disability inclusion in the workplace. It identifies barriers and makes recommendations to help meet employment needs of people with disabilities, utilizing lupus as an example. A convergent mixed method design study examined the workplace experiences and needs of individuals with lupus. Availability sampling yielded 1,776 participants from across the United States. The results revealed 69% of the respondents reported that lupus symptoms had a negative impact on their employment and 48% of the participants reported needing help or accommodations in the workplace. An inductive thematic content analysis with an inter-coder agreement ranging from 71% to 73% yielded 4 themes encompassing issues related to productivity, interpersonal relationship in the workplace, and adjustments in work responsibilities and work environment, respectively. The results suggest that training programs about the American with Disability Act may have a positive impact on organizational functioning. Employers have a responsibility to maintain a flexible work environment whenever possible to address variability in employees' needs. Employers and employees should engage in ongoing discussions that seek to identify accommodations that will help employees with disabilities meet their workplace responsibilities and to enhance their contribution to the organization. Managers and administrators are encouraged to create an environment that values a diverse workforce, including persons with disabilities. [ABSTRACT FROM AUTHOR]

This Article contends that workplace accommodations should be predicated on need or effectiveness instead of group-identity status. It proposes that, in principle, "accommodating every body" be achieved by extending Americans with Disabilities Act-type reasonable accommodation to all work-capable members of the general population for whom accommodation is necessary to give them meaningful access. Doing so shifts the focus of accommodation disputes from the contentious identitybased contours of "disabled" plaintiffs to the core issue of alleged discrimination. This proposal likewise avoids current problems associated with excluding "unworthy" individuals from employment opportunity--people whose functional capacity does not comply with prevailing workforce design and organizational presumptions-- and who therefore require accommodation. Adopting this proposal also responds to growing demands to extend the length of time people remain at work by enhancing employment opportunities for aging individuals still capable of contributing on the job. Provision of accommodations for age-related alteration of functionality, when the accommodations are effective, is reasonably prescribed because it is in everyone's interest to retain maximum capabilities as they grow older, whether or not they also possess identity-based characteristics sufficient to constitute a "disability" under the ADA. [ABSTRACT FROM AUTHOR]

The article focuses on the legal rights of people with diabetes as employees in the U.S. It notes that under the Americans with Disabilities Act and the Rehabilitation Act of 1973, employers are required to follow rules to ensure that workers with diabetes are treated fairly. It also notes the role of diabetes health care providers (NCP) in anticipating and identifying workplace discrimination problems.

Demographic characteristics of female charging parties in comparison to males who filed allegations of workplace discrimination under the Americans with Disabilities Act were examined using a secondary database maintained by the United States' Equal Employment opportunity Commission (EEOC). Findings indicated that charging parties have distinct profiles related to demographic characteristics. [ABSTRACT FROM AUTHOR]

A significant failure. That is how the Americans with Disabilities Act ("ADA") has been described by legal scholars and disability advocates alike. The statute was widely expected to help prevent disability discrimination in employment, but it has not fully achieved its intended purpose because of the narrow interpretation of the ADA by the courts. Congress recently sought to restore the employment protections of the ADA by amending the statute. Interpreting the complex and comprehensive amendments to the ADA will be a difficult task for the federal courts. Complicating matters further, the proper pleading standard for disability claims was left in disarray after the U.S. Supreme Court's decisions in 2007 in Twombly v. Bell Atlantic Corp., and in 2009 in Ashcroft v. Iqbal, which altered fifty years of federal pleading precedent by extending the plausibility standard to all civil matters. This Article examines the impact of the Bell Atlantic decision on ADA claims and proposes a unified analytical framework for alleging disability discrimination that satisfies recent case law, the ADA amendments, and the Federal Rules of Civil Procedure. The proposed model would streamline the pleading process for disability claims and provide a blueprint for litigants and courts in analyzing cases under the revised ADA. [ABSTRACT FROM AUTHOR]

The Americans with Disabilities Act states that employers must make "reasonable accommodations" to allow disabled employees to work effectively. Using summary statistics, a theoretical model and a legal history, this article will attempt to determine whether home-based work is a "reasonable accommodation" under this law. [ABSTRACT FROM AUTHOR]

Analysis of cases decided under Title I of the Americans with Disabilities Act (ADA), which addresses employment discrimination, reveals that defendants have consistently prevailed in well over 90% of cases since the ADA's inception. This empirical evidence has led many commentators to conclude that the ADA "s Title I has failed to improve workplace conditions for individuals with disabilities. This Article attempts to assess the efficacy of Title I through a different lens. It focuses on several data sets that have previously received little attention. It examines Equal Employment Opportunity Commission merit resolutions, lawsuit settlement statistics, and reports concerning reasonable accommodation requests processed by private and public sector employers. These statistics reveal that employers are reasonably responsive to Title 1 claimants outside of the courthouse setting and that the ADA has in fact improved workplace conditions for employees with disabilities. The more general point made by this Article is that the efficacy and impact of statutory mandates cannot be judged based solely on reported court opinions. Rather, data concerning the behavior of those covered by the statutes and extra-judicial dispute resolution are essential to an assessment of whether a statute has achieved the societal changes that it was designed to effect. Consequently, this article emphasizes the need for more comprehensive empirical studies concerning ADA claim resolutions and outlines a proposal for mandatory reporting of settlement outcomes and the processing of reasonable accommodation requests by employers. [ABSTRACT FROM AUTHOR]

The article discusses the significance of the Americans with Disabilities Act (ADA) to the people with disabilities in the U.S. It says that the purpose of ADA is to address the major areas of discrimination faced by people with disabilities. It further stated that the legislation was genuinely intended to create a clear and comprehensive national mandate for the elimination of discrimination against them. Moreover, ADA is focusing on the employment of the people with disabilities.

The article examines the Americans With Disabilities Act of 1990 (ADA) that sought to eliminate discrimination in the workplace against individuals with disabilities through clear and consistent standards of protection for deserving employees. The Eleventh Circuit Court of Appeals in the D'Angelo v. ConAgra Foods, Inc. held that individuals who are regarded as disabled are entitled to reasonable accommodations under the ADA.

Physical attractiveness is highly valued in our society and impacts a variety of decisions made by organizations. Generally speaking, research findings suggest that the more attractive the person, the greater the likelihood of favorable employment-related decisions. It follows then, that those considered physically unattractive will suffer adversely in some employment-related decisional contexts -- decisions that may prevent them from achieving the good life. Until recently, discrimination against unattractive people has been considered nothing more than a moral or ethical issue. However, with the introduction of the Americans with Disabilities Act (ADA) of 1990, attractiveness as an employment-related criteria may become a legal issue. In this essay, we propose that the history of social and legal trends, coupled with uncertainties and ambiguities within the ADA, represents a possible expansion of protection for physically unattractive people. [ABSTRACT FROM AUTHOR]