Sutton Misconstrued: Why the ADA Should Now Permit Employers to Make Their Employees Disabled
34 Pages Posted: 11 Sep 2011
Date Written: July 1, 2004
Due to the unique nature of Americans with Disabilities Act (ADA) employment discrimination analysis, the notion that a defendant must accept the status quo of the party it injures is not so straightforward in the context of the ADA. Contrary to several federal court holdings and scholarly arguments, employees have no duty to mitigate their disabilities as a prerequisite to ADA protection. Moreover, the lack of a duty to mitigate principle necessarily implies that employers who deprive their employees of mitigation opportunities can inadvertently render their employees legally disabled, thereby, ironically, affording them ADA protection.
Keywords: Americans with Disabilities Act, ADA, employment discrimination, employment, employment law, disability law
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