NCJ Number
138395
Journal
Trial Volume: 28 Issue: 7 Dated: (July 1992) Pages: 42-47
Date Published
1992
Length
6 pages
Annotation
The 1992 Americans With Disabilities Act will provide attorneys with a powerful method of remedying unfair job rejections, terminations, and other workplace discrimination against qualified individuals with disabilities.
Abstract
The law should also offset the problems of trying discrimination cases before conservative Federal judges, because intentional discrimination claims may now be tried before juries. The law provides for compensatory and punitive damages as well as reinstatement, back pay, and interest. Attorneys involved in these cases must become aware of the administrative requirements, statutory definitions, and legal burdens of proof. In addition, counsel must know both the nature of the client's disability and the job requirements. Careful case selection is crucial, because the early cases will determine the legal course of litigation under the law. Attorneys should also ensure that their own offices and services are accessible to persons with disabilities. 14 reference notes