[nfbmi-talk] Fw: NCD Releases Report Titled "A Promising Start:Preliminary Analysis of Court Decisions Under the ADAAmendments Act"

[Terry D. Eagle]

Thanks Joe.  Great information for we legal junkies and advocates.

----- Original Message ----- 
Subject: NCD Releases Report Titled "A Promising Start: Preliminary Analysis
of Court Decisions Under the ADA Amendments Act"


The following information is forwarded to you by the Great Lakes ADA Center
(www.adagreatlakes.org) for your information:

The National Council on Disability (NCD), an independent federal agency,
recently released a report titled "A Promising Start: Preliminary Analysis
of Court Decisions Under the ADA Amendments Act," which reviews the court
decisions that have been rendered to date applying the Americans with
Disabilities Act Amendments Act of 2008 (ADAAA) and reveals significant
improvements in how courts are interpreting protections intended for
coverage under the ADA.

NCD's report offers 23 findings and three recommendations based on an
analysis of court decisions made under the ADAAA by examining decisions
rendered under ADA amendments that were agreed on across both sides of the
aisle in Congress. Using this measure, it is clear that the ADAAA has made a
significant positive difference for plaintiffs in ADA lawsuits thus far.

For example, in six of the seven Circuit Court decisions in which the
provisions of the ADAAA were applied, the plaintiff prevailed on
establishing a disability; and in the district court decisions analyzed
plaintiffs prevailed on the showing of disability in more than three out of
four decisions - a promising start and a substantial improvement over
pre-ADAAA decisions under the broad scope of coverage under the ADA that
Congress intended.  However, many cases are still dismissed on procedural
grounds before the alleged discriminatory conduct of the employer is ever
addressed. In an attempt to correct this concern, NCD's report includes
recommendations on guidance and technical assistance to address some of
these procedural issues.

"Thorough review of case law in the decisions rendered to date strongly
affirms the positive difference the ADAAA has made for plaintiffs in
discrimination cases," said Jeff Rosen, NCD Chairperson. "While the
possibility of undermining the intent of Congress when passing the ADA
amendments five years ago remains, what we have seen thus far demonstrates a
definite improvement over previous case law."

A copy of the report is available online at:
http://www.ncd.gov/publications/2013/07232013/

 
_______________________________________________
nfbmi-talk mailing list
nfbmi-talk at nfbnet.org
http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
To unsubscribe, change your list options or get your account info for
nfbmi-talk:
http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/terrydeagle%40yahoo.
com