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A Decade of the Americans with Disabilities Act: Judicial Outcomes and Unresolved Problems *
Author(s) -
Lee Barbara A.
Publication year - 2003
Publication title -
industrial relations: a journal of economy and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.61
H-Index - 57
eISSN - 1468-232X
pISSN - 0019-8676
DOI - 10.1111/1468-232x.00274
Subject(s) - supreme court , political science , work (physics) , law , employment discrimination , psychology , engineering , mechanical engineering
A decade after its enactment, the Americans with Disabilities Act (ADA) has not resulted in the substantial employment gains for individuals with disabilities that its proponents had predicted. It also has not resulted in many legal victories for disabled individuals who have challenged alleged discriminatory actions by their employers. This article briefly reviews literature on disability and work and summarizes the data on the employment of individuals with disabilities. It addresses litigation trends prior to several significant U.S. Supreme Court rulings the ADA made in 1999 and compares them with litigation trends following the issuance of these rulings. The article concludes that the law needs to be amended if it is to serve those individuals with disabilities who are capable of productive employment but whose impairments do not fit the judicially narrowed definition of disability in the ADA.