ADA claims hit all time high
In February, 2009, I wrote that "I anticipate the courts, especially the District Courts, will be busy in 2009 and 2010. They will be busy looking at the ADAAA, the new FMLA regulations and other new laws that may be passed by Congress. " USA Today reports today that the number of ADA charges filed in 2009 hit an all time high: with almost 21,500 ADA related charges being filed with the EEOC. The author, Marisol Bello, concludes that "the main reasons for the increase: the recession and an amendment to the ADA that broadened the definition of what it means to be disabled." Adverse employment actions claimed by people with disabilities include termination, passed over for promotion, not being transferred to a job that matches the persons abilities and not providing reasonable accommodations. Chai Feldblum, the EEOC Commissioner, explains the EEOC's belief that the ADA provides broad coverage: "You might not think that you have a disability, but if you have a medical condition and you feel you are discriminated against based on that condition, then you are covered." From an employer's point of view, the not so bad news is that of the 18,776 cases concluded by the EEOC last year, 60% were found to have no basis under its rules, and about half of the cases it did take resulted in an outcome favorable to the employee.
Practice pointer. The ADA will continue to be a growing area of charges and lawsuits as the courts interpret the 2009 amendments to the ADA which was passed by Congress to increase those individual covered under the act. Employers must be sure they are complying with the ADA when dealing with issues involving disabled workers, from hiring to termination, and every step in between.
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