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What Employees Say, Or What Employers Do: How Post-Cleveland Decisions Continue To Obscure Discrimination, Lauren Lowe
What Employees Say, Or What Employers Do: How Post-Cleveland Decisions Continue To Obscure Discrimination, Lauren Lowe
Vanderbilt Law Review
The phrase "equal justice" has dubious meaning for persons with disabilities who seek redress of employment discrimination in court. After experiencing job loss and facing relatively slim chances of reemployment, many of these individuals seek judicial recognition that their employers failed to accommodate their disabilities. Yet the vast majority of plaintiffs who bring employment discrimination lawsuits under the Americans with Disabilities Act ("ADA") lose. In 2006, employers prevailed in 212 of the 272 cases that went to trial in federal court. Some commentators point to the high win rates for employers as evidence of judicial frustration with the volume of …