The graph below is from a USA Today article on the significant rise in employment discrimination claims filled by people with disabilities in the past year. The increase coincides with both the recession and passage of legislation that undid the Supreme Court’s overly restrictive interpretation of what constitutes a disability under the Americans with Disabilities Act. The more cynical might look at this graph and complain about litigious workers, but I find this news encouraging. Disability discrimination in the workplace is still pervasive and employers are still inclined to target people with disabilities when trimming their payrolls in harsh economic times. Congress always intended for the ADA to provide broad protection to workers with disabilities and many were denied that protection because of the Court’s dim view of the original law. A spike in claims now might send a message to employers that they must make a real effort to accommodate their workers with disabilities.
