Outcomes of Employment Discrimination Charges Filed Under the Americans With Disabilities Act

Posted: 17 Jan 2000  

Kathryn Moss

University of North Carolina (UNC) at Chapel Hill - Cecil G. Sheps Center for Health Services Research

Michael Darren Ullman

affiliation not provided to SSRN

Barbara E. Starrett

affiliation not provided to SSRN

Scott Burris

Center for Public Health Law Research, Temple University - James E. Beasley School of Law

Abstract

Objective: The outcomes of employment discrimination charges filed under the Americans with Disabilities Act (ADA) by individuals with psychiatric disabilities and those with other disabilities were compared. Methods: Data obtained from the Equal Employment Opportunity Commission (EEOC) consisted of all ADA employment claims closed as of March 31, 1998. Charges were categorized by whether they were investigated by the EEOC or by a Fair Employment Practice Agency (FEPA). Results: Of the 175,226 charges filed, 83.2 percent were closed by March 31, 1998. Of these, 15.7 percent brought some kind of benefit to charging parties, although only 1.7 percent resulted in new hires or reinstatements. Of charges investigated by FEPAs, 23.3 percent led to some benefit, compared with 11.5 percent of charges investigated by the EEOC. Of charges investigated by the EEOC, the median actual monetary benefit was $5,646, compared with $2,400 for charges investigated by FEPAs. A total of 13.6 percent of charges filed by individuals with psychiatric disabilities resulted in benefits, compared with a benefit rate of 16 percent for persons with other disabilities. The median actual monetary benefit received by persons with psychiatric disabilities was $5,000, compared with $3,500 for those with nonpsychiatric disabilities. Individuals whose charges were investigated in the first three years of ADA implementation were more likely to receive benefits than individuals whose charges were investigated more recently. Conclusions: Most employment discrimination charges filed under the ADA do not result in benefits or a finding of reasonable cause. Outcomes for people with psychiatric disabilities do not differ substantially from those for people with other disabilities (Psychiatric Services 50: 1028-1035, 1999).

Suggested Citation

Moss, Kathryn and Ullman, Michael Darren and Starrett, Barbara E. and Burris, Scott, Outcomes of Employment Discrimination Charges Filed Under the Americans With Disabilities Act. Psychiatric Services, Vol. 50, No. 8. Available at SSRN: https://ssrn.com/abstract=196671

Kathryn Moss

University of North Carolina (UNC) at Chapel Hill - Cecil G. Sheps Center for Health Services Research ( email )

725 Airport Road, CB# 7590
Chapel Hill, NC 27599-7590
United States
919-966-0601 (Phone)
919-966-3811 (Fax)

Michael Darren Ullman (Contact Author)

affiliation not provided to SSRN

No Address Available

Barbara E. Starrett

affiliation not provided to SSRN

Scott C. Burris

Center for Public Health Law Research, Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-6576 (Phone)
215-204-1185 (Fax)

HOME PAGE: http://www.phlr.org

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