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Title I of The Americans with Disability Act

Name: Gary Roberts
Email: jh86@hotmail.com
Date: 14 Aug 2000
Time: 02:41:13

Story

One of the things that concern a lot of people who work in the field of disability rights is the lack of knowledge of the ADA law among people with disabilities. Over the years I have worked part time as a para legal doing research on case law pertaining to ADA and the Section 504 and 503 of the Rehab Act of 1973 as amended.

My perspective on the law as a person with a disability was that it would bring about a transformation of society as people with disabilities moved forward to assert their rights. I hoped one positive manifestation of the law would be that the disabled population would take risk and move into the mainstream of society. By taking risk, I mean surrendering the SS check for a pay check.

I filed under the ADA Title I some years ago against my employer on the issue of failure to make reasonable accommodations. I turned to the law only after having failed miserably in negotiations to remove the issue that concerned me. At that time, I was idealistic but not stupid. I knew that, once I filed, my time with the State Rehab agency was marked and that I would shed blood before the issue was resolved. I stuck to my guns and saw the complaint through the whole process until I won a decision favorable to me.

The truth was that my victory was hollow because the Equal Employment Opportunity Agency did not keep its promise to protect me from retaliation. The agency I worked for was completely indifferent to the fact that my clients were suffering as they engaged in harassment of me and retaliation for my complaint. The only promise they ever kept to me was to give me hell if I did not withdraw the complaint. They were very good at the last item because they never let up from day one.

The purpose of this article is to share a perceptive on the ADA Title I. The question I have asked myself numerous times (and one which the reader must have) is this: Would I do the same thing again? Would I file another complaint, iIf faced with a similar situation? No, not with the Equal Employment Opportunity Agency because I no longer have any confidence or trust in them. They are as unethical and corrupt as the State Dept. of Rehab. Services I worked for those many years.

The truth is that, if you are disabled and a victim of employment-based discrimination, you don't have much recourse in the courts. In 1999, employees were successful in 4.9 % of the cases filed and taken to court. That meant, in that time span, the employers won 95 % of the time when a case made it to court. In 1992, when the law took effect, the rate was 8.4 %, so, over the span of 10 years, it has declined.

Even the meager victories for employees varied from one circuit to the next. In five circuits, the employer record was perfect one hundred percent of the time: The courts sided with the employer. "So, sue me," is often a refrain from employers who are being confronted with a legal challenge based on their hiring procedures. If you are suing under the ADA Title I,  good luck -- because you are going to need it.

Copyright © 2000 Gary Roberts. All rights reserved.

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Date: 13 May 2008
Time: 03:41:07

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