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The truth about ADA and disabilities in the USA

So I've seen some iffy advice here for those of us that is disabled in the USA. A lot of well meaning, but not good advice. Many hear about how someone gets deny, picked on, or discriminated against for their disability or something around that. I see many jump to ADA. Employers prevailed in 92% of all court decisions in ADA cases filed since the first in 1992, according to an analysis conducted by the American Bar Association in Washington, DC ​ Meaning that you have a 92% likely of the judge not siding in your favor. It is so bad in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, a judge told someone in a wheelchair they aren't disabled simply because they can work 40 hours a week. There is a number of other similar cases. In fact, that one case helped push for ADAAA in 2008 to help overturning…


So I've seen some iffy advice here for those of us that is disabled in the USA. A lot of well meaning, but not good advice.

Many hear about how someone gets deny, picked on, or discriminated against for their disability or something around that. I see many jump to ADA.

Employers prevailed in 92% of all court decisions in ADA cases filed since the first in 1992, according to an analysis conducted by the American Bar Association in Washington, DC

Meaning that you have a 92% likely of the judge not siding in your favor.

It is so bad in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, a judge told someone in a wheelchair they aren't disabled simply because they can work 40 hours a week.

There is a number of other similar cases.

In fact, that one case helped push for ADAAA in 2008 to help overturning the Supreme Court’s decisions that had decimated the protection of the ADA. ADAAA is no better. Some judges don't know about ADAAA even today, and still today even ones that know about this. Jump through mental hoops to say someone isn't disabled. Someone even wrote a paper on this in 2019 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3403742

Note harassment and a number of other things can be used outside of ADA. This might have a higher chance depending on things. Like a lot of people think workplace harassment includes everyone. But in reality it's more than less just protected class of people. And in some cases it is only for exact things. If you experience this if it's harassment on the same level at you or below ranking wise. Then you need to in writing and have copies of it where you report it to higher ups. If a higher up is doing it then it could fall under workplace harassment. If you think you have a case then talk to an employment lawyer.

But for things like giving you an impossible task or one that is harder to deal with due to your disability. This likely will get you no where. As I mention ADA doesn't exactly protect you with their record. Same with firing. It's not likely to protect you.

And for those who think, why doesn't the person just move. Assuming you had the money and didn't depend on a support network. Many countries you likely would want to go to will not take you in simply for having given types of disabilities. Even more the “hidden” ones (mental, learning, etc).

So while pointing to ADA as the golden thing. If you dig a little deeper on how it is actually being used in courts. It generally doesn't have any teeth. Even more if the person has a “hidden” disability that one can't physically see.

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