Employers Win Most ADA Claims

A survey by the American Bar Association (ABA) shows employers are overwhelmingly successful in defending themselves against Americans with Disabilities Act (ADA) discrimination claims, in both court actions and administrative complaints before the Equal Employment Opportunity Commission (EEOC). The survey found that employers won an astounding 95.7% of 434 federal court decisions decided under the Title I employment provisions of the ADA and 85% of the administrative complaints completed by the EEOC in 1999.

Employer wins have steadily increased over the years the ADA has been enforced. The ABA’s previous survey of 403 court cases covering 1998 showed an employer win rate of 94.4%, while the first survey of 1200 cases covering 1992 to 1997 showed a success rate of 91.6%. All three of the surveys show employers prevailing before the EEOC at about the same 85% rate.

The study also shows that only 12% of the 1999 employer court "victories" were settled on the merits of the employers’ arguments. According to the study, these results suggest that procedural errors and technical points of law caused a large portion of the wins, and indicate that employees have a hard time meeting the legal requirements of the ADA’s definition of disability. Advocates for the rights of the disabled have contended that the ADA needs to be made more "employee friendly." Employer representatives (who generally support the intent of the ADA) point out, however, that narrow definitions are needed since many of the claims involve conditions that are hard to substantiate as disabilities, such as back pain and mental stress.

For more information, contact the ABA Commission on Mental and Physical Disability Law, 740 15th Street NW, Washington, D.C. 20005, telephone, 202-662-1570.