3021.0: Monday, October 22, 2001 - 1:00 PM

Abstract #23694

Implementation of the Americans with Disabilities Act in federal courts and administrative agencies: an empirical evaluation

Kathryn Moss, PhD1, Scott Burris, JD2, Michael Ullman, MA1, and Jeffrey Swanson3. (1) Sheps Center for Health Services Research, University of North Carolina at Chapel Hill, 725 Airport Road, Chapel Hill, NC 27599, (2) Temple University Law School, 1719 N. Broad Street, Philadelphia, PA 19122, 215-204-6576, burris@vm.temple.edu, (3) Pyschiatry and Behavioral Sciences, Duke University, NC

Under Title I of the Americans with Disabilities Act (ADA), individuals who believe they have been discriminated against in employment on the basis of a disability may file an administrative charge with the federal Equal Employment Opportunity Commission or a state employment rights agency. Those whose cases are not resolved by the agency can file a law suit in court. The ADA Title I dispute processing system is a major social service provider for people with disabilities. More than 30,000 ADA claims are filed with the EEOC or a state agency each year, about 15% of which are resolved. There have been virtually no data documenting what happens to the tens of thousands of cases each year that could be filed in court, and so we do not know how well the judiciary or the dispute processing system as a whole is serving people with disabilities who invoke its protection. In previous APHA meetings, we have presented findings from our ongoing study of the administrative enforcement of Title I. In this presentation, we discuss preliminary findings from an analysis of 6000 randomly selected cases filed in the United States District Courts between 1996 and 2000. We report on how many Title I lawsuits were filed, who brought them, how they were resolved, whether benefits were obtained, and factors that influenced benefits. We also present data concerning the U.S. Equal Employment Opportunity’s newly expanded mediation program and its efficacy in resolving ADA Title I charges.

Learning Objectives: N/A

Keywords: Disability, Federal Policy

Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: None
Disclosure not received
Relationship: Not Received.

The 129th Annual Meeting of APHA