Discrimination lawsuits double as definition of ‘disability’ expands

The number of employment discrimination lawsuits under the Americans with Disabilities Act (ADA) has nearly doubled in the past five years and seen a sharp increase in recent months, federal court records show, as the definition of “disability” has expanded and what many believe are baseless lawsuits are filed.

The increase follows changes to the law in 2008, when Congress said that courts had interpreted the definition of “disability” more narrowly than it desired.

In the last fiscal year, disability-related complaints lodged with the Equal Employment Opportunity Commission (EEOC) also rose to their highest level, at 26,000, and payouts to complainants through that process nearly doubled to $103 million compared with the figure from 2007. That does not include money paid out to those who took their complaints to court.

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