Compliance costs of the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) will bankrupt employers unless the scope of the protected class is narrowed and the number of mandated employer duties is lessened. Without adopting more precise definitions of disability and determining which employment practices constitute actionable discrimination, employers will incur hefty reasonable accommodation costs, be forced to employ individuals with excessive health insurance needs and be exposed to greater workers' compensation liability. Unrestrained ADA compliance requirements also threaten economically devastating lawsuits.
Publication Name: Delaware Journal of Corporate Law
For the most part, busineness bears brunt of ADA
Providing reasonable accommodations for handicapped employees, as required by the Americans with Disabilities Act with 1990 (ADA), is a burden which falls primarily on the business community. Disabled individuals were before this law often excluded from jobs because of fears they could not perform, or would lead to negative reaction from customers, clients, or co-workers. Employers need not provide such accommodations if doing so would be an undue burden or if the person is unqualified for a job, but disputes concerning the precise meaning of these terms are many.
Publication Name: The National Law Journal
The unpopular disabled: drug addicts and alcoholics lose benefits
Section 105 of the Contract with America Advancement Act of 1996 sets a troubling precedent by isolating particular categories of the disabled to deny them federal disability benefits. The Act denies benefits to alcoholics and drug addicts under the Supplemental Security Income and Old Age Survivor's and Disability Insurance programs. Since medical evidence supports the view that alcoholism and drug addiction are diseases, Congress made a socially biased decision and is denying these groups of disabled persons constitutional equal protection.
Publication Name: Administrative Law Review
- Abstracts: The Americans with Disabilities Act and labor arbitration: recent awards. Whatever happened to arbitral finality? Is it their fault or ours?
- Abstracts: I hear ya' knockin', so you can come in: the Americans with Disabilities Act limited to physical structures and individualized discrimination under Parker v. Metropolitan Life Insurance Co
- Abstracts: Companies that play hide and seek with child labor. Are drug companies addicted to higher prices? How drug companies operate on the body politic
- Abstracts: Disablement of software risks and potential liabilities. Acquiring rights in software documentation and databases
- Abstracts: Sol Wachtler tells story of drug woe. The president's spinmeister tells all - er, sort of. McDougal's lawyer tells how he will 'try' Starr; there's credible evidence of witness tampering, he says