The Power of Uncertainty in Disability Law

Abstract

The ADA has recently turned twenty and the controversy over the scope and efficacy of the act continues. This manuscript first briefly explores the backlash to the ADA and how media and other outlets have changed perceptions of the ADA over time. The manuscript then examines how managers mis-perceive the ADA due to information processing problems and risk aversion. Finally, measures to improve the certainty of the ADA and thus make the framework more transparent are discussed.

Keywords: disability law, reasonabe accommodation, ADA, disability discrimination