Samuel H. DeShazer is in law practice with the Louisville office of Hall, Render, Killian, Heath & Lyman, PSC. His primary practice areas are management, labor relations and personnel law. DeShazer has presented a number of seminars to attorneys and employer groups relating to the Americans with Disabilities Act. He is on the faculty and planning committee of the ADA Mediation Institute, a program of the Access Center partnership and the University of Louisville Labor-Management Center.
Judy Cohen is executive director of Access Resources, a New York firm specializing in ADA mediation and training. She has published and presented extensively in the area of ADA and alternative dispute resolution. She is a mediator in the U.S. Department of Justice and the New York State Division of Human Rights Down State Mediation Program. She is on the labor arbitration panel of the American Arbitration Association, and is an adjunct member of the ADR Committee of the Association of the Bar of the City of New York.
This article focuses on the mediation of employment disputes arising under Title I, the employment section of the Americans with Disabilities Act. The authors examine the most common issues that may arise under Title I, consider the possible arguments that may be presented by both employee and employer, and present guidance and possible paths to solution for the mediator.
The intent of Title I, the employment section of the Americans with Disabilities Act, is to open up employment opportunities to individuals with disabilities in order to bring them into the economic mainstream. The ADA includes legal and technical requirements that impose both restrictions and affirmative obligations on employers.