Law Commons^™

Asserting The Seventh Amendment: An Argument For The Right To A Jury Trial When Only Back Pay Is Sought Under The Americans With Disabilities Act, Robert L. Strayer, Ii

Vanderbilt Law Review

Juries usually decide whether a defendant's conduct in a tort suit conforms to the standard required by law.' The jury provides a source of community values when it decides the reasonableness of a party's conduct. The jury performs an important role in this regard on issues invoking community values, where judges and juries most frequently come to different conclusions.

The Americans with Disabilities Act ("ADA) creates a right to sue for disability-based discrimination and to recover damages similar to those in a tort suit. Among other issues, a jury may decide if an employer made reasonable accommodations for a disabled …

Current Issues Regarding The Americans With Disabilities Act, John-Paul Motley

Vanderbilt Law Review

President George Bush, noting that "statistics consistently demonstrate that disabled people are the poorest, least educated, and largest minority in America," signed the Americans with Disabilities Act ("ADA") into law in 1990. The ADA prohibits private employers from discriminating against a "qualified individual with a disability" in employment decisions. The Act defines a disability in one of three ways: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such an impairment; or (3) being regarded by others as having such an impairment. The ADA also prohibits employers from inquiring into …

Disabled Former Employees Under The Ada: Unprincipled Decisions And Unpalatable Results, Austin L. Mcmullen

Vanderbilt Law Review

A number of disabled former employees have turned to the Americans with Disabilities Act ("ADA") to redress alleged discrimination in their termination or in the benefit plans of their former employers.' Several courts, however, have held that these plaintiffs are not "qualified individual[s] with a disability," and, therefore, may not recover under the ADA. Other courts of appeals have recently found the ADA's proscription of discrimination in the "terms, conditions, and privileges of employment" to contradict the definition of qualified individuals. These courts resolved the ambiguity by allowing disabled former employees a federal right to sue their former employers for …