Since the inception of the ADA, nearly 300,000 administrative charges have been filed under Title I. Some of the questions that our research group has investigated are:

• What are the outcomes of these administrative charges?
• What are the outcomes of lawsuits?
• What factors influence the outcomes of both administrative and legal cases?
• What have been the subjective experiences of individuals who have completed the entire Title I dispute resolution process?

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA) -- this country's most comprehensive civil rights law for people with disabilities. The Act prohibits discrimination against people with disabilities in employment (Title I), in public services (Title II), in public and private accommodations (Title III) and in telecommunications (Title IV). EEOC is responsible for enforcing Title I's prohibition against discrimination against people with disabilities in employment.

The employment provisions are contained in Title I of the ADA. In addition to the provisions defining "an individual with a disability", "a qualified individual with a disability", and "reasonable accommodations," the provisions specify that:

• Discrimination against a qualified individual with a disability in any aspect of employment is prohibited. This applies to private employers with 15 or more employees, state and local governments, employment agencies, labor unions, and joint labor-management committees.
• Employment discrimination includes discrimination in job application procedures, hiring, firing, advancement, compensation, fringe benefits, and job training.
• Inquiries about the existence, nature, or severity of a disability before hiring an individual are prohibited.
• Employers may require a medical examination after a job offer has been made. Employers can require this, however, only if other new employees are subjected to the same exam, and if the exam is job-related and consistent with business necessity.
• Individuals who believe they have been subject to employment discrimination due to a disability may file an administrative charge of discrimination. Later, they may file a lawsuit, but only after filing the administrative charge and receiving a right-to-sue letter from the EEOC office where they filed the administrative charge.

ADA Insights can help employers by providing valuable information related to enforcement of Title I of the Americans with Disabilities Act. Its findings, based on empirical research, can help employers determine which strategic approach is better within a given set of circumstances. For example, research indicates that it may be in the best interests of both employers and employees to settle complaints through mediation and create a "win-win" outcome without the hassle and time investment of a lawsuit.

• If you would like to understand how the Title I process works, click here for a ADA Guide that explains it in simple terms. Also, click here for a glossary of terms
• If your employee has a cognitive disability or mental disability, click here for illustrations that may be helpful in communicating the key concepts. Also, you can use these illustrations for an employee who may not understand English or complex legal terms.
• If your employee has filed a complaint, you may want to read about mediation as a strategy for saving time and money. Click here for more information.

*Information Briefs*

*ADA Guide*

*Kansas Law Review Article*