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.
All Science Journal Classification (ASJC) codes
- Industrial relations
- Strategy and Management
- Organizational Behavior and Human Resource Management
- Management of Technology and Innovation