Reasonable Accommodation and Reassignment under the Americans with Disabilities Act: Answers, Questions, and Suggested Solutions after U.S. Airways, Inc. v. Barnett

Authors

Stephen F. Befort, University of Minnesota Law SchoolFollow

Publication

Arizona Law Review

Volume

45

Page

931

Year

2003

Abstract

The enactment of the Americans with Disabilities Act ("ADA") has triggered a series of explosions over the past decade. Although enacted with widespread support, the statute almost immediately spawned a deluge of litigation. This litigation explosion, coupled with the rather imprecise language of the statute, resulted in a startling diversity of judicial interpretation on a host of key ADA issues. These two phenomena, in turn, have led to a more recent explosion in ADA cases heard by the Supreme Court. In a brief span from 1998 to 2002, the Supreme Court issued no less than thirteen decisions interpreting the ADA. Indeed, employment-based ADA cases accounted for slightly more than 22% of all labor and employment cases decided during the Court's 2001-2002 term.

Comments

Copyright 2003 by Arizona Board of Regents and Stephen F. Befort. Reprinted with permission of the author and publisher. This article originally appeared in Arizona Law Review, vol. 45, no. 4, p. 931.

Recommended Citation

Stephen F. Befort, Reasonable Accommodation and Reassignment under the Americans with Disabilities Act: Answers, Questions, and Suggested Solutions after U.S. Airways, Inc. v. Barnett, 45 Ariz. L. Rev. 931 (2003), available at https://scholarship.law.umn.edu/faculty_articles/21.