As most employment lawyers know, the passage of the Americans with Disabilities Act, or ADA, in 1990 dramatically changed the way employers did business, and guaranteed opportunities to hundreds of thousands of disabled employees. Not only did the ADA ban disability discrimination in the workplace, it also imposed the requirement of providing a reasonable accommodation to disabled employees. Rather than being a burden on employers, Congress envisioned that the ADA would ensure that scores of people would be able to remain part of the workforce with employers providing the assistance disabled workers needed to be equally as effective as their non-disabled coworkers.
While the ADA helped countless people gain and retain their employment, and allowed people to work in more suitable conditions, the spirit and intent of the ADA were hampered by the courts. Despite being a remedial statutory scheme meant to eliminate discrimination, ADA lawsuits became much more about proving one’s disability, making justice infinitely more difficult than Congress had intended.
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