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The Americans with Disability Act sets forth the conditions under which management is compelled to respond to informal and formal requests for accommodations, one of which is that requests must relate to essential job functions. When requests do not relate to essential job functions, employer responsiveness becomes voluntary. The difference between compelled and voluntary management responsiveness to efforts by employees with disabilities to acquire workplace accommodations is import to the decision-making processes of employees with disabilitiess as is discussed here for the benefit of employees with disabilities, their supervisors, and advocates. [ABSTRACT FROM AUTHOR]

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.

This article summarizes the facts and rulings of a recent representative federal appeals court decision concerning the legal claims of two school nurses who lost their positions after advocating on behalf of students with diabetes. Their primary claim was the anti-retaliation protection under the pair of federal laws prohibiting disability discrimination—Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. The second of the two nurses additionally asserted protection under this pair of laws based on her own asserted disabilities. The discussion reveals the sometimes significant difference between legal requirements, as determined by appellate courts, and professional norms, as perceived by practitioners and professors in school nursing. [ABSTRACT FROM AUTHOR]

The article offers information on Predictive Health Information and Employment Discrimination under the Americans with Disabilities Act and Genetic Information Nondiscrimination Act (GINA). It mentions completion of a draft sequence of the human genome facilitated the study of genomic variation, including research using single nucleotide variants, genome-wide association studies (GWAS), genotype-phenotype associations, and other methods.

The purpose of this study is to examine the prevalence of different workplace accommodation request strategies, the effectiveness of different request approaches, and situational and individual factors associated with different request strategies for individuals with disabilities. Common action plans of accommodation requests may vary depending on decisions about mentioning the Americans With Disabilities Act (ADA) (or not) and whether a formal (or informal) request is submitted, though past literature has focused primarily on formal accommodation requests made under the auspices of the ADA. Participants (n = 408) were recruited from rehabilitation agencies and organizations serving people with disabilities in the United States. The results indicated that informal requests without mentioning the ADA were found most often, followed by formal requests while not mentioning the ADA, formal requests while mentioning the ADA, and informal requests while mentioning the ADA. The odds of acquiring the requested accommodation were significantly higher, relative to other strategies, for requests made informally without mentioning the ADA. A variety of individual attributes capable of discerning when participants chose one strategy over another were observed; these included self-efficacy and outcome expectancy, negative affect, and an array of situational and personal attributes. Implications for research and practice were discussed. [ABSTRACT FROM AUTHOR]

BACKGROUND: The purpose of this study was to investigate the patterns in allegations of workplace discrimination by individuals with multiple sclerosis (MS). OBJECTIVE: To describe the discrimination, both actual and perceived, that has occurred against individuals with MS in comparison to a group of individuals with other disabilities (GENDIS) through analysis of the United States Equal Employment Opportunity Commission (EEOC) Integrated Mission System (IMS) database. METHODS: An ex post facto, causal-comparative quantitative design was used to examine Americans with Disabilities Act Amendments Act (ADAAA) Title I complaints received by the EEOC from people with MS from 2009 through 2016 (n = 4,000) in comparison to the GENDIS group over the same time period (n = 139,728). RESULTS: The MS group was less likely to allege discrimination regarding discharge but more likely to allege discrimination regarding reasonable accommodation, constructive discharge, discipline, insurance benefits, and demotion. Charging parties with MS were more likely to be female, younger, and Caucasian and less likely to identify as African American, Hispanic/Mexican, or Asian. The EEOC was more likely to evaluate allegations by adults with MS as having merit than those filed by the GENDIS group. Implications for vocational rehabilitation practice include the need for consultation regarding recognition of on-the-job discrimination and procedures for filing allegations consistent with EEOC guidelines; greater use of physical and occupational therapy; and development of cognitive support technology strategies to aid in job performance. [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.

As one ages, the chance of acquiring functional limitations increases dramatically. Thus, a remarkably high proportion of older workers will likely qualify for workplace accommodations. The current study aimed to gain an understanding of subgroups of older workers who were less likely to request and receive accommodations, associations of psychosocial factors (i.e., workplace supports, employees’ knowledge of the Americans With Disabilities Act [ADA] and accommodations, and whether an individual has a work goal) with requesting and receiving accommodations, and differences on these psychosocial factors within various demographic subgroups of older workers. Two hundred thirty-one individuals 50 years and older recruited from multiple national organizations and rehabilitation agencies participated in this study through an online survey. The study found that the psychosocial factors were positively associated with requesting and receiving accommodations. In addition, participants who were less likely to request and receive accommodations reported lower scores in the psychosocial factors. Practical implications for rehabilitation counselors and further research are discussed. [ABSTRACT FROM AUTHOR]

The article presents a 2017 report on equal employment opportunities and treatment in employment on visually impaired individuals in the U.S. Topics discussed include Americans with Disabilities Act (ADA) and ADA Amendments Act provisions, the continuing receipt of workplace discrimination complaints, and the link of categories of discrimination charges to their filing before or after ADAAA. Also noted are the job acquisition charges decline and discrimination charges increase after ADAAA.

BACKGROUND: People with multiple sclerosis (MS) are known to face a multitude of challenges as they attempt to re-initiate or maintain their careers following onset of the disease. OBJECTIVE: Less is known, however, about the subjective experiences of people with MS regarding employment barriers. METHODS: Using the results of a larger national survey of the employment concerns of people with MS that was conducted in 2014-2015 as a basis for data collection, this qualitative study involved six focus groups comprising 20 people with MS and 27 MS service providers. RESULTS: Focus group participants offered subjective perspectives on and suggestions for addressing employment barriers that represented four major themes: understanding the provisions of the Affordable Care Act, on-the-job accommodations and the Americans with Disabilities Act, reassignment as a job retention strategy, and disclosure of disability. CONCLUSION: Findings are discussed within the context of existing literature. [ABSTRACT FROM AUTHOR]

Federal legislation, such as the Americans with Disabilities Act, Section 504, and the Individuals With Disabilities Education Act, mandates that individuals with disabilities be integrated in all aspects of life from education to employment to independent living. A recent development involves a settlement reached between the United States and the State of Rhode Island/City of Providence regarding sheltered workshops. States must ensure the availability of a continuum of alternative settings that span from restrictive (e.g., sheltered workshops) to fully integrated, community-based, competitive employment. The use of sheltered workshops as categorical, permanent, segregated practice is discriminatory. [ABSTRACT FROM AUTHOR]

The article discusses how employers should handle the special needs that an employee with a chronic disease might have which can continue for years after an illness is diagnosed. Topics include the case of Kim Hall, an event planner who underwent surgery and chemotherapy for colorectal cancer, definition of chronic disease, and the creation of workplace accommodation tool kits by Job Accommodation Network (JAN) and others to help supervisors understand the concept of accommodation.

BACKGROUND: This article derives from data provided by the National EEOC ADA Research Project at VCU. It is intended to document the nature and scope of discrimination as reported to the U.S. Equal Employment Opportunity Commission, the enforcement agency for ADA, by persons with learning disabilities (LD). This article deals with the topic of discrimination "Issues;" i.e., the nature of the violations alleged by Charging Parties with learning disabilities. OBJECTIVE: To ascertain differences in the way people with LD experience workplace discrimination as compared to a general disability population. METHODS: Database mining and descriptive and non-parametric analyses of high-prevalence issues associated with learning disabilities as contrasted with a general disability population. RESULTS: Findings indicate that in general the ranking of high prevalence issues is very similar for both groups. But for six select issues, the proportions of allegations filed by LD and GENDIS groups are markedly different. CONCLUSIONS: These differences show that "more prevalent in LD" discrimination issues tend to involve currently employed workers and have a punitive effect; e.g., disability harassment and intimidation, constructive discharge and discipline. On the positive side, failure to provide reasonable accommodation and outright unlawful discharge are less commonplace for LD charging parties. Currently employed LD workers and employers may benefit from understanding these nuances. [ABSTRACT FROM AUTHOR]

The article focuses on the issues surrounding pregnancy-related discrimination in the workplace in the U.S., and also offers solutions for mitigating the same. Topics discussed include an account of laws that protect the rights of the pregnant workers; enactment of Pregnant Worker Fairness Act for the same; and number of claims pending with the U.S. Equal Employment Opportunity Commission.

BACKGROUND: This study investigated the experiences with the Equal Employment Opportunity Commission (EEOC) of adults with multiple sclerosis (MS) across three phases of Americans with Disabilities Act (ADA) implementation: Phase I (pre-Sutton decision era, 1992-1999), Phase II (Sutton decision era, 2000-2008), and Phase III (ADA Amendments Act era, 2009-2011). OBJECTIVE: Research questions addressed differential (a) characteristics of charging parties and respondents, (b) patterns in the number and type of allegations, and (c) proportions of merit and non-merit EEOC judgments. METHODS: The study utilized data from the Integrated Mission System of the U.S. EEOC. RESULTS: Findings indicated that proportionally more women and Hispanic adults with MS ?led claims during Phases II and III than during Phase I. More older individuals and African Americans with MS filed claims during Phase III than during Phases I and II. In Phase I, adults with MS were more likely to allege discrimination against smaller employers and less likely to ?le charges against larger employers, a trend that reversed during Phases II and III. The annual number of resolved EEOC charges appeared to increase during Phase I, increase then decrease in Phase II, and increase during Phase III. Regardless of phase, most allegations pertained to either unlawful discharge or failure to provide reasonable accommodations. Although higher in Phase III than in I, the percentage of EEOC merit decisions was highest in Phase II. CONCLUSION: Over time, more typically disenfranchised individuals sought ADA protections, possibly due to publicity, support from advocates, and membership in a culture supporting diversity and nondiscrimination. The increased number of resolved allegations in Phase III was consistent with the greater inclusiveness attributed to the ADA Amendments Act. Interpretation of other findings is provided regarding characteristics of respondents, types of allegations, and trends in EEOC merit decisions. [ABSTRACT FROM AUTHOR]

The article discusses issues about employment and career development of American citizens with disabilities.

BACKGROUND: The National EEOC ADA Research Project (NEARP) is an exhaustive data-mining effort that relies upon the master database used by the Equal Employment Opportunity Commission (EEOC) to track investigations of workplace discrimination. NEARP investigators seek to develop disability or industry-specific profiles of employment discrimination, explore the contentious issues involved in workplace discrimination, document the interface of disability with other demographics, evaluate extant theories of stigma, and predict EEOC investigatory outcomes. OBJECTIVE: The salient features of the NEARP database are described which themselves reveal new insights into the nature and scope of disability discrimination. METHODS: This is a review article. Abridgment and replication of tables from the NEARP codebook are given along with a description of basic findings from previously published NEARP studies. RESULTS: Summary statistics of a descriptive nature are given to illustrate the basic nature and scope of discrimination including Charging Party and Employer Characteristics, discriminatory Issues or personnel actions, and the types of Outcomes which document case closures and their trends. CONCLUSIONS: NEARP is a research collaborative to which employment and disability researchers are invited. [ABSTRACT FROM AUTHOR]

The empirical literature on the impact of psychiatric disability on employment outcomes has consistently shown that individuals with psychiatric disabilities are more likely than those without to experience adverse labor market outcomes. One strategy invoked to address barriers to employment has been reasonable job accommodations, developed originally through the Americans With Disabilities Act legislation. However, little is known about the factors associated with the request for reasonable job accommodations among those with serious psychiatric disabilities. Data for this study come from a longitudinal multisite demonstration project funded by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration. Accommodations were reported by individuals with serious mental health disabilities who became employed. Results from logistic regression analysis found that those who disclosed their disability to their employers, who were more severely disabled, and who had positive social relationships were more likely to request accommodations. This study advances our knowledge of the factors that influence the decision of individuals with serious mental health disabilities to seek accommodation in the work environment and offers a framework for guiding rehabilitation counselors in ways that might help to enhance employment outcomes for this population. [ABSTRACT FROM AUTHOR]

The article focuses on the U.S. Ninth Circuit court decision in K.M. v. Tustin Unified School District related to special education rights under section 504. Topics discussed include impact of Tustin case on the difference in the standard of education required under section 504; Disabilities Education Act (IDEA) and American's with Disabilities Act (ADA); and Education for All Handicapped Children Act (EAHCA) of 1975 which provides equal education to all the people.

The Americans With Disabilities Act, along with the ADA Amendments Act, court decisions, and technological advances, have combined to create a situation which, at the time of original ADA's passage in 1990, would have been virtually unthinkable--employees with some disabilities now have the right to legally demand that they be allowed to work from home. With the advancing age of the workforce, and increases in networking abilities to link the home into the office, the number of employers facing said demands is certain to increase. The following is a guide for analyzing and dealing with said demands. [ABSTRACT FROM AUTHOR]

BACKGROUND: In this study, investigators examined the employment discrimination experiences of older workers (55 and over) with disabilities in comparison to younger adult workers with disabilities. OBJECTIVE: To examine age as a differential indicator of demographic characteristics of the Charging Parties, characteristics of Employers against whom allegations were filed, the discrimination issues alleged to occur, and the legal outcome of allegation investigations. METHODS: The study utilized data from the Integrated Mission System of the U.S. Equal Employment Opportunity Commission (EEOC). RESULTS: Findings indicate that allegations filed by older Charging Parties were more likely to come from males and Caucasians and to involve more nonparalytic orthopedic, cardiovascular, vision, hearing, endocrinological, respiratory, and other age-related impairments. Allegations filed by older Charging Parties involved fewer mental health concerns, substance use disorders, blood and immune disorders, developmental disabilities, and chronic illnesses such as multiple sclerosis and epilepsy. Allegations filed by older workers were less likely to involve involuntary termination and more likely to involve work assignments, the terms and conditions of employment, layoff, and involuntary retirement. No significant differences in the proportions of allegations were observed related to the size of respondent employers or the outcomes of the EEOC's investigatory process. CONCLUSIONS: Results suggest that many of the workplace discrimination experiences of people with disabilities are common across age groups, and that partial support is evident for 'double jeopardy' in the treatment of older workers with disabilities. Implications for policy and practice are discussed. [ABSTRACT FROM AUTHOR]

BACKGROUND: The federal government has invested billions of dollars to promote employment for adults with intellectual disabilities. Despite this investment, the employment rate within this population has remained stable during the recent decades. OBJECTIVE: The objective of this study is to identify characteristics of adults with intellectual disabilities who are employed, and to understand the paths towards employment for these individuals. METHODS: Respondents included a nationally representative sample of 1,055 parents/guardians of adult children (21 years of age or older) with an intellectual disability surveyed by Gallup. These parents/guardians were selected from approximately 341,000 households screened by Gallup. This methodology allowed for the inclusion of a sample of adults with ID who had never been in the labor force or even sought employment. RESULTS: Several characteristics are associated with greater likelihood of employment, including younger age, early work experience, higher levels of adaptive behavior, and absence of emotional and behavioral problems. These characteristics are especially predictive of employment in a competitive setting, and relatively less predictive of sheltered employment. There is very little movement between the two types of employment settings: very few people currently in competitive employment ever worked in a sheltered setting. CONCLUSIONS: The results from this study have clear implications for policies and programs. Young adults with intellectual disabilities need early opportunities to work in community settings. These community-based experiences must provide them with the opportunity to develop necessary adaptive, behavioral, and emotional skills. Finally, policy makers must recognize that sheltered employment is not a stepping-stone to employment in a competitive setting. [ABSTRACT FROM AUTHOR]

The practice of social work has been greatly affected by the Americans with Disabilities Act of 1990 (ADA). Title I of the statute prohibits discrimination against people with disabilities, including the increasing number of workers who are returning to work after a traumatic brain injury (TBI). This article examines the extent to which the ADA protects those with TBI from being harassed, being denied reasonable workplace accommodations, or suffering other adverse actions related to perceived discrimination. To do so, it relies on judicial decisions from U.S. federal courts involving alleged workplace discrimination of this population. Implications for social work practice are noted with the intent of increasing ADA awareness among professionals providing services to people who meet the criteria for disability under the ADA as well as to those persons who do not. The authors hope to encourage social workers to rely on case law analysis as a mechanism to provide further evidence of the systematic problems faced by people with TBI and thus increase their visibility. [ABSTRACT FROM PUBLISHER]

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.

BACKGROUND: Policymakers in the United States continue to face challenges in implementing effective strategies to encourage people with disabilities receiving disability benefits to participate in the labor market. Ticket to Work is one such strategy that has undergone considerable scrutiny. However, the experience of people with disabilities within welfare reform is an area that has been under-researched. OBJECTIVE: To explore how this contentious issue affects the provision of Vocational Rehabilitation services. Following the implementation of Ticket to Work, does workfare policy allow people with disabilities to pursue full and equal participation in the labor market, and do they have equality of opportunity to achieve employment? METHODS: This research takes a qualitative approach to social policy, using empirical data from focus groups with people with disabilities and interviews with policymakers, employment service providers and employers. RESULTS: Three themes emerged from an analysis of data framed within the United Nations Convention on the Rights of Persons with Disabilities in relation to disability rights and workfare policy: the rights of people with disabilities; the expectations of people with disabilities; and the practices associated with policy reform. The findings suggest that a collaboration of government actors, community organizations and the business community is necessary in order to achieve human rights. [ABSTRACT FROM AUTHOR]

Using data from the Job Accommodation Network Information System (JANIS), the utility of self-reported functional limitations was examined in relationship to job maintenance for individuals with traumatic brain injury (TBI) who had returned to work. It was found that memory loss and attention/concentration concerns were the most common functional limitations reported. To further establish which limitations were associated with job maintenance, a binary logistic regression was applied. Results suggested that the presence of medical symptoms and emotional dysregulation were reliably and inversely associated with job maintenance. Implications are provided for further research as well as the practice of rehabilitation counseling. [ABSTRACT FROM AUTHOR]

For almost forty years, U.S. policy has steadily advanced the idea of presumed employability for all people with disabilities. This includes people with the most significant disabilities employed in integrated jobs with commensurate pay that is at or above minimum wage. This article traces the factors that have contributed to the evolution of policy and practice that have led to improving the likelihood that integrated employment is both desired and achievable for individuals with significant disabilities. It also shares current U.S. Department of Labor, Office of Disability Employment Policy, activities and initiatives that promote and support the achievement of integrated employment for all people with disabilities. [ABSTRACT FROM AUTHOR]

Transition from school to work is a key topic of current social research and public policy in both the United States and Europe. Legislation in the U.S. has proven effective in providing a framework for transitioning youth with disabilities from school to work. In 2008, Portugal passed legislation for transition planning focused on specific curriculum for students who cannot access the typical curriculum. This paper will compare and contrast the two pieces of legislation and the process for transition of youth with disabilities into integrated employment from the perspectives of parents. Specifically, the authors conducted focus groups of parents from each country to identify post-school and in-school opportunities and supports and resources needed to ensure successful transition from school to integrated employment for youth with disabilities. [ABSTRACT FROM AUTHOR]

Job accommodation is a multifaceted and interactive process. Stakeholder groups (i.e., employees with disabilities, employers, and in some cases service providers) make decisions about requesting or providing job accommodations based on multiple factors in this process. An understanding of stakeholder differences in their perceptions of these factors may mitigate the myths and misconceptions about accommodations, and facilitate the accommodation process. Stakeholder perspectives on the importance of factors involved in the accommodation process are compared. How these perceptions may affect the likelihood of requesting or providing accommodations is discussed, along with the implications for rehabilitation professionals. [ABSTRACT FROM PUBLISHER]

Often, good intentions go wrong. Segregated and sheltered work and paying less than the minimum wage are perfect examples of that axiom. They are programs that were designed to help people with disabilities learn meaningful skills and obtain gainful employment, while protecting them from public judgment, ridicule, and shame. Today, we live in an era of evolving thinking about people with disabilities. Attitudes have changed. So have many laws. But most importantly, what has changed is the quality and quantity of information available illustrating that segregating and sheltering workers with disabilities and paying them less than minimum wage is no longer the best course of action. It is time we value the unique skills and talents of people with disabilities and move toward full workplace integration. Through this report, NDRN casts a spotlight on the problems of segregated work, sheltered environments, and sub-minimum wages. This report identifies the barriers to employment that people with disabilities face and dispels myths about their capability to be fully employed, equally compensated, and an integral member of American workplaces and communities. It illustrates a systemic failure to provide hope and opportunity to young people with disabilities who want to transition into traditional work but instead wind up trapped in a sheltered workshop with little chance for something different. [ABSTRACT FROM AUTHOR]

As a result of the amendments to the Americans with Disabilities Act and its parallel revisions to Section 504 of the Rehabilitation Act of 1973, plaintiffs are more likely to clear the disability hurdle; therefore, we can expect to see much more litigation in the future focused on complex ADA issues regarding reasonable accommodations and undue hardship. [ABSTRACT FROM AUTHOR]

It is 20 years since the passage of the Americans With Disabilities Act, yet employment and economic inequities continue for people with disabilities. The purpose of this article is to inform and encourage disability management leading practices to contribute toward reducing these disparities. The approach is an examination of where in the employment process applicants and incumbent employees perceive employment disability discrimination, leading to the filing of charges against an employer. Employment disability discrimination claims filed by individuals over 15 years (1993-2007) with the United States (US) Equal Employment Opportunity Commission or state and local Fair Employment Practice Agencies are studied. The authors analyse employment discrimination charges by year, basis (i.e., protected class characteristics, such as disability, age, or race), issue (i.e., actions of the employer, such as discharge, hiring, or harassment), employer characteristics (i.e, size of business and industry sector), and joint filings under Title VII of the Civil Rights Act (gender, race/ethnicity, and religious discrimination) and the Age Discrimination in Employment Act (ADEA). Special attention is paid to where in the employment process people with specific impairments are perceiving discrimination. Implications of these research findings for the practice and administration of disability management and employer policies are discussed. [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]

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 author reflects on the failure of the Americans with Disabilities Act of 1990 (ADA) to help people with disabilities overcome the challenges they encountered in daily life. Its main goal is to create a comprehensive mandate that will eliminate discrimination against individuals with disabilities. The ADA mandates employers to make adjustments for their disabled employees. He concedes that the ADA has aided many disabled population in the country .

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.

This paper explores the correlation between the implementation of the Americans with Disabilities Act (ADA) and the employment participation of people with disabilities. First, it discusses the methodological difficulties in measuring the ADA's impacts. Second, it describes a longitudinal study using Health and Retirement Survey data exploring changes in employment rates and odds of employment during the 1990s for older working-age people with disabilities. The findings show that while older people with disabilities had slightly lower employment rates than older people without disabilities during the 1990s, the odds that older people with disabilities would be employed has increased since the passage of the ADA. [ABSTRACT FROM AUTHOR]

The article discusses the efforts of the National Organization of Nurses with Disabilities (NOND) in promoting equality for people with disabilities and chronic health conditions in nursing, and mentions topics including U.S. laws relating to people with disabilities, aging nurses, and retirement.