[Jobs] Filing an ADA Lawsuit

[Eileen Misrahi]

Hi List Serve,

I would like to say a few personal words about filing a lawsuit or a
discrimination case with EEOC. First of all, approximately 95-96% of the ADA
lawsuits will have a negative decision. Due to the conservative court and
the narrowing of the ADA's intent that was passed by Congress, it is
difficult to have a favorable outcome. In 2002, Justice Sandra  O'Conner
wrote a decision regarding a female worker with carpal tunnel syndrome
employed at Toyota. The outcome of the final decision is if one could comb
their hair or brush their teeth, they would not be covered under the ADA. I
was flawed that performing ADL's would enter into a decision or relate to
the ADA where the ADA is concerned with employment discrimination. I believe
that if any changes in submitting a discrimination employment case will have
a fair chance and a favorable outcome that the ADA needs to be revised and
Congress needs to review its intent and compare it to the intent of the
conservative Supreme Court. Due to unfortunate circumstances of my own case,
it ended up in the Federal Court system. I was told that I might have had a
different outcome with my case if it was handled in the State system. In my
case, the opposing side would not allow us to rename it back to the State.
My recommendation is to make sure when filing the first brief with the
courts, not to include any reference to the ADA. Otherwise, the opposing
sidelight not allow it in the State system. Lawsuits are also very
expensive. I also had difficulties finding a qualify employment specialist
lawyer. The American Bar Association has a listing of disability and
employment attorneys for a fee. That is where I found my second attorney to
handle the case. After 2-3 years working the system, I finally closed this
chapter in my life . The only avenue left was to appeal it to the U.S.
Supreme Court and I didn't want to waste anymore money on a decision that
was already decided. It's the ADA that needs revision for anyone who has a
legitimate employment discrimination claim to get a positive result.

I hope this was helpful. It's really sad that individuals with visual
impairments or disabilities can't exercise their rights under the ADA.

Cordially,
Eileen