The United States Supreme Court Resolves the Effect of Disability Benefit Claims Upon Americans with Disabilities Act Complaints in Cleveland v. Policy Management Systems Corporation

14 Pages Posted: 27 Oct 2009

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Date Written: October 26, 1999

Abstract

Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. Policy Mgmt. Systems Corp., finding that recipients of social security should not be precluded from pursuit of claims under the disability laws. This decision best effectuates the goals of protecting the disabled while promoting full participation in the workforce for all Americans.

Suggested Citation

O'Brien, Christine Neylon, The United States Supreme Court Resolves the Effect of Disability Benefit Claims Upon Americans with Disabilities Act Complaints in Cleveland v. Policy Management Systems Corporation (October 26, 1999). Hofstra Labor and Employment Law Journal, Vol. 17, No. 1, pp. 115-127, Fall 1999, Available at SSRN: https://ssrn.com/abstract=1494385

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

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