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The 130th Annual Meeting of APHA |
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The 130th Annual Meeting of APHA |
Kathryn Moss, PhD1, Scott Burris, JD2, Leah Ranney, PhD1, and Jeffrey Swanson, PhD3. (1) Sheps Center for Health Services Research, University of North Carolina at Chapel Hill, 101 Conner Dr., Willowcrest Bldg., Suite 302, UNC-CH CB# 3386, Chapel Hill, NC 27599, 919-966-0601, Kathryn_Moss@unc.edu, (2) Temple University Law School, 1719 N. Broad Street, Philadelphia, PA 19122, (3) Pyschiatry and Behavioral Sciences, Duke University, Brightleaf Sq. Ste. 23A, Box 3071 Medical Center, Durham, NC 27710
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. The charge initiates an administrative dispute resolution process. After pursuing their administrative remedies, aggrieved individual may file a lawsuit in federal court.
More than 250,000 administrative charges have been filed under Title I of the ADA, about 15% of which have been 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. How many Title I lawsuits have been filed? What are their outcomes? What factors influence their outcomes? And what have been the subjective experiences of individuals who have filed Title I lawsuits?
In previous APHA meetings, we have presented findings from our ongoing study of the administrative enforcement of Title I and preliminary findings from an analysis of 5000 randomly selected cases filed in the United States District Courts between 1996 and 2000. In this presentation, we report on how many Title I lawsuits were filed nationwide, who brought them, how they were resolved, whether benefits were obtained, and factors that influenced benefits. We also report preliminary data from a survey of Title I claimants' satisfaction with the administrative charge and lawsuit process.
Learning Objectives:
Keywords: Disability, Disability Policy
Related Web page: www.ADAenforcementproject.unc.edu
Presenting author's disclosure statement:
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.