Disability Discrimination Claims Rise

Hardly a surprise, USA Today recently reported that, according to the Equal Employment Opportunity Commission, disability discrimination claims increased last year more than at any other time in the 20-year history of the Americans with Disabilities Act. As predicted, the amendments to the ADA are having their impact. In 2010, we’ll see another increase in disability claims filed with the EEOC and disability lawsuits filed in federal court.

Although the ADAAA seems to be about as broad as it could be now, we still don’t know how the courts will interpret the law. In fact, it may take a couple of more years before we can discern the true meaning of the ADAAA according to court interpretations.

In the USA Today article, an EEOC commissioner explains exactly what employers will face under the ADAAA. “You might not think 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 [by the ADAAA].” The commissioner views this as a good development. As I’ve noted before, the ADA is now so broad that all of us may have disabilities. The EEOC commissioner seems to confirm that.

Employers must take any disability claim or request seriously. An interactive process between the employer and employee must occur to see if a reasonable accommodation can be found for the employee’s disability. Since the law is still uncertain because of a dearth of court rulings, all we know is that the new law covers many more “disabilities” than was the case under the old law. Until we get a better handle on where the courts will take us with the ADAAA, get legal advice when disability claims arise.