Sunday, April 22, 2007

Burris & Moss on The Employment Discrimination Provisions of the Americans with Disabilities Act

Burris Scott Burris (Temple) and Kathryn Moss (North Carolina - Health) have posted on SSRN their forthcoming article in the Hofstra Labor & Employment Law Journal entitled: The Employment Discrimination Provisions of the Americans with Disabilities Act: Implementation and Impact.

From the abstract:

Title I of the Americans with Disabilities Act prohibits employment discrimination on the basis of disability. Since its passage in 1990, debate has raged about whether the statute is doing any good. A steady stream of narrowing court decisions has led some to declare the law a failure. This article reviews the empirical evidence on the effectiveness of Title I. Many studies find a decline in employment rates among the disabled in the wake of the ADA, but the evidence that these declines were caused by the ADA is weak. Title I protects people who require no more than a "reasonable accommodation" to do the job in question; the employment data include a much broader range of people, many if not most of whom could not meet Title I's qualification standard. Studies that "correct" for this difference find no or even a slightly positive impact on employment. Studies of employer attitudes and practices show a positive change, as do a few studies of the "empowerment" felt by people with disabilities.

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And Congress, state legislatures and the bar must take steps to repair our broken enforcement system for employment discrimination disputes: more funds, greater use of mediation, and better legal services are essential to making the ADA a real remedy for employment discrimination.

Another interesting article to add to the debate over whether the ADA is achieving its initial purposes.

PS

https://lawprofessors.typepad.com/laborprof_blog/2007/04/burris_moss_on_.html

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