Employers last year prevailed in a whopping 96 percent of federal lawsuits filed under the employment section of the Americans with Disabilities Act, according to a new study by the American Bar Association. That's up from 94 percent in 1998 and 92 percent during the 1992 to 1997 period.
In five of the 12 federal circuits, employees lost every case last year. Workers had the most success in the 1st Circuit (Maine, Massachusetts and New Hampshire) where they prevailed 17 percent of the time, and in the 9th Circuit (nine Western states), where they won 12 percent of the cases.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- In Harlem jobs program, varying shades of the N-word
- After firing boss accused of harassment, zip your lips
- When worker claims bias or harassment: document, investigate and communicate
- Don't discount cost of harassment lawsuit—Even if you win