2004 employment decisions under the ADA Title I--survey update.

Abstract

This is the eighth annual survey of employment cases under the Americans with Disabilities Act (ADA) Title 1,42 U.S.C. ??12111 117. Note that we included those employment cases involving retali ation claims, even though these cases fall under Title V of the ADA, 42 U.S.C. ?12203. The first survey examined Title I cases decided from 1992 to 1997; the second survey, 1998 decisions; the third survey, 1999 decisions; the fourth survey, 2000 decisions; the fifth survey, 2001 decisions; the sixth, 2002 decisions; and last year's survey, 2003 decisions. The 2004 results reveal that what seemed at the time to be a very low rate of employee successes in court deci sions in the first survey?under 8 percent?has steadily dropped. The rates for 2002-04 have been 3 percent or less, meaning that employers are prevailing 97 percent of the time (or more). [Editor 's Note: The May/June 2005 issue of the Reporter features an article that estimates the number of and proportion of unresolved administrative Title I complaints that reach the federal courts (16 district courts) and discusses the outcomes of those cases, particularly settlements. See 29 MPDLR 303-10.]