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Current business implications of the Americans with Disabilities Act / by Steven Rooney.

by Rooney, Steven.

People with disabilities -- Employment

Dispute resolution (Law)

vii, 141 leaves : ill. ; 29 cm.

Advisor: David Tietyen.

Committee member(s): Roger Austria.

Introduction -- Civil rights legislation -- Employment -- Employee benefits and the ADA -- Workers' compensation connection -- ADA litigation -- Business compliance with the ADA -- Recommendations and conclusion -- Glossary and acronyms -- Appendix A) Compliance checklist for Title I of the ADA -- B) Milwaukee business survey -- C) Crain's Detroit business survey -- D) Milwaukee survey statistical details -- E) Protocol packet for the Milwaukee School of Engineering Institutional Review Board.

Businesses of 15 or more employees are now required to comply with the Americans with Disabilities Act of 1990 (ADA). Employers are attempting to understand the ADA guidelines with few absolute answers and plenty of room for judgment calls. Employees must be accommodated based on individual needs. The ADA counsels that each case must be evaluated on it own merit. Using the ADA as a guide, employers are trying to deal with disabled employees and applicants. However, inconsistency, subjective interpretation of terms, concern for litigation, and numerous issues of employee benefits may be hindering the implementation of this civil rights law.

This investigation focuses on Title I (Employment) and Section 501 (c) (Employee Benefits) of Title V of the ADA. These portions of this legislation are key for the employment and the employability of the disabled. The employment aspects of the ADA are discussed and key terms in the law are defined and evaluated.

A survey of Milwaukee business, replicated from a Detroit survey done in 1993, examines how organizations are complying with the ADA. Results indicate that in spite of the confusion and apprehension about the ADA, three years after the implementation of this law, employers rate themselves high in compliance. More than half the organizations surveyed claim to have provided management training. Nearly 83% feel the ADA is understood by appropriate managers in their companies. Respondents claimed to be developing strategies and policies to reasonably accommodate disabled individuals. In addition, Milwaukee companies claim to have a high rate of analysis of ADA compliance in several employment areas.

The Milwaukee survey did uncover weaknesses in ADA compliance. There was a limited analysis of the critical uses of employee benefits and benefit plans. Employee tracking was lacking. Few organizations have used outside resources to assist in ADA compliance.

With ADA-regulated legal activity increasing dramatically, employers need to develop conflict resolution systems to deal with this new group of employment concerns. Alternative dispute resolution (ADR) processes are presented to offer viable alternatives to ADA litigation and employee conflict resolution. The EEOC’s commitment to ADR should alert employees to seriously examine these techniques and their advantages.

A proposition suggested is that the ADA will do more to keep people working who become disabled than it will do in providing job opportunities for the disabled. The intuitive support for this idea is that the capabilities of current employees are known and more easily accommodated. Further evidence may be that 50% of the ADA related legal charges are due to discharge, while only 11% of the charges are for hiring violations.

Research indicated the business community should maintain emphasis toward ADA compliance in reasonable accommodations, job descriptions, and job applications. There should also be an additional focus on employee benefit issues, employee training, seeking information and assistance from outside resources, and developing dispute resolution procedures to help manage the increase of ADA charges.

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