Employers should pick ADA fights carefully

I read with interest Diane Cadrain's article "Advocates for the Disabled Seek Overhaul of ADA" (HR News, February) noting that many proemployer decisions have been rendered by courts across the country. In short, the trial bar forgot the old adage, "Bad facts make bad law."

Shortly after the ADA was passed, the trial attorneys sought to include practically every ailment as a disability covered under the act. Trial judges, recognizing that the trial attorneys were overreaching, strictly viewed and defined the act, thus leaving us all with the decisions rendered today. Of course a few legitimately disabled employees suffered from the product of the bad eggs' efforts to benefit from the ADA, some of which were noted in the National Council on Disability's report, Righting the ADA.

More important, employers must remember not to make the same mistake as trial lawyers. We must treat the truly disabled with respect, reasonable accommodation and support, leaving the disabled "wanna-bes" to litigate and continually lose. We must just make sure that we pick our fights carefully and avoid the cases that will create emotional pity in the public arena and with legislators.

J. William Musick, SPHR

Greeneville, Tenn.

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