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WASHIGNTON (CBS.MW) - When Toyota added
extra duties to Ella Williams' assembly-plant inspection job,
she said carpal tunnel syndrome prevented her from handling the
additional tasks.
Toyota refused to return Williams to her old job. She sued
under the Americans With Disabilities Act, which obligates
employers to meet the workplace needs of disabled employees.
The Supreme Court's ruling last week in William's losing case
threatens to make it harder for millions of Americans to win
accommodations from an employer when physical conditions limit
their ability to perform job assignments.
The decision generally narrows the scope of the Disabilities
Act by establishing more stringent tests for defining a
disability. The issue is not whether a person can perform the
specific tasks associated with a job, but rather "whether
the claimant is unable to perform the variety of tasks central
to most people's daily lives," Justice Sandra Day O'Connor
wrote in the unanimous opinion.
"Household chores, bathing and brushing one's
teeth" are the types of activities to consider in judging
if someone is disabled, the Court established.
It remains unclear exactly what conditions may no longer
qualify workers for accommodations under the ADA, or how
employers and employees may respond to the Court's decision.
"The ruling is quite specific to carpal tunnel syndrome.
It's not at all clear that it has any relation to...psychiatric
conditions, for example," said Dr. Mark Levy of the
University of California, San Francisco.
A victory for employers?
Many rushed to call last week's court decision a clear
victory for employers, because it makes it harder for employees
to request special accommodations under the Americans with
Disabilities Act.
"It limits the definition of what it means to be
disabled, and it reduces employer obligations," said
Kathleen Blank, an attorney-adviser with the National Council on
Disability.
"People will be discouraged in asking for accommodations
in the workplace," she predicted. "Now the employer
may scrutinize whether they're disabled or not more
intently."
The U.S. Chamber of Commerce praised the decision, and argued
it would likely reduce the number of "marginal cases"
brought under the umbrella of the ADA statute.
Indeed, the ruling is likely to limit the occurrence of
frivolous claims, where unscrupulous employees manipulate the
ADA to make their jobs and lives easier, said Kurt Hamrock, a
corporate attorney with McKenna & Cuneo LLP in Washington,
D.C.
"It will require plaintiffs to think a little longer and
a little harder about whether they're disabled before they bring
suit."
Yet the pro-ruling camp may be overstating their case in
declaring victory, Hamrock said. "It wasn't a slam dunk for
the employers. It will reduce a certain category of claims that
are being filed."
Blank questioned why employers would rather lose an employee
than make an accommodation for them, such as adding a piece of
equipment to make their job easier.
"Research has shown that most accommodations are not
expensive, costing $500 or less," she said. "If you
let someone go because you're not willing to make an
accommodation, you have to deal with the cost of brining on
someone new."
Americans affected
How many citizens fall under the protection of the Americans
With Disabilities Act is uncertain, as few records are kept on
claims made under the 10-year-old statute.
When Congress enacted the law, it estimated that about 43
million Americans had a physical or mental disability, O'Connor
noted in the court's ruling.
The Administrative Office of the U.S. Courts, which tracks
all cases at the federal level, keeps no statistical breakdown
of ADA cases, spokesman Dick Carelli said.
Employers further are not required to report actions to any
agency when they do make accommodations under the Act, according
to Blank.
Justin Wiser is a reporter for
CBS.MarketWatch.com in Washington.
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