Employers won 95% of Title 1 Americans With Disabilities Act (ADA) lawsuits in 1999 and won 85% of administrative complaints handled by the Equal Employment Opportunity Commission.
John Parry, who did a survey on this subject, studied 444 cases and suggested that procedural and technical requirements in ADA made it hard for plaintiffs to win.
A particular problem is ADA's definition of disability that requires the presence of a limiting impairment and the ability to do a job with or without accommodations.
A legal case can be thrown out if a person applies for or receives disability benefits, poses a direct threat to the health and safety of others, fails to report a disability or request an accommodation, or requests an accommodation that poses an undue hardship on the employer.
When the American Bar Association did a survey on ADA wins (1992-1997), it found employees won 8.4% of cases. That number dropped to 5.6% in 1998 and to the 4.3% win record for 1999.
For more information, contact the American Bar Association Commission on Mental and Physical Disability Law, 740 15th Street NW, Washington, DC 20005, (202) 662-1570. #1000
Chrzanowski, L. J. (2000). Surveys reveal employers always prevail in Title 1 ADA cases. The Disability News Service, Inc.
Keyword: Americans With Disabilities Act