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Jewish World Review March 30, 2011/ 24 Adar II, 5771 ‘Disabling’ America, One Lawsuit at a Time By Arnold Ahlert http://www.JewishWorldReview.com | At one point in time I had my own company in another line of work. It was very small, (just me and my wife) and I ran it from my house. There was a particularly annoying aspect of it involving paperwork, the kind that is tedious and time-consuming, and I considered hiring someone else to do it. A young woman I knew, already experienced in filling out such forms, was available and willing to work for us. After giving it some thought, my wife and I decided to pass: the risks of hiring her far outweighed the benefits. What risks? As I explained to my wife, all that would have had to happen was for her to leave me and the potential employee in the house alone, even for the time it took to go to the store a half-block away, and our entire business could have been destroyed by a "he said-she said" charge of sexual harassment. It didn't matter that I'm not the predator type or that the potential employee had never demonstrated anything remotely resembling that kind of character flaw. In business, if the potential risk is equal to, or outweighs, the benefits of a given investment, one must pass, no matter how reluctantly. One can only wonder how many other potential employers have made the same calculation. Which brings me to the latest revisions in the Americans with Disabilities Act, passed in 1990. I have no doubt such legislation was enacted with the best of intentions, that is, to provide genuinely disabled people with the best chance possible to lead the kind of normal life that far too many Americans take for granted. Yet like most government programs, it has become a Frankenstein monster. In 2008, President Bush signed into law the "ADA Amendments Act of 2008" ("ADAAA"), which clarified and broadened the definition of disability and--just like so many other government programs--expanded the population eligible for protections under the ADA. Thus for example, the new rules now cover "episodic conditions and mitigating measures…expanding disability coverage…many courts had previously concluded were not covered under the ADA," according to law firm Baker Botts L.L.P. The law firm then states the obvious: "Employers might expect to see an increase in requests for reasonable accommodations, and should review their procedures for responding to such requests to acknowledge this expanded disability coverage. Employers might also expect to see an increase in litigation testing the limits of the new provisions, at least in those states that do not already have more generous state disability discrimination laws." RECEIVE LIBERTY LOVING COLUMNISTS IN YOUR INBOX … FOR FREE! Every weekday NewsAndOpinion.com publishes what many in the media and Washington consider "must-reading". HUNDREDS of columnists and cartoonists regularly appear. Sign up for the daily update. It's free. Just click here. Translation: trial lawyers are going a have a field day shaking down businesses on behalf of people whose "disabilities" will undoubtedly stretch decent Americans' credulity to the breaking point. Nothing illustrates this better than a Fox News article on the law in which legal experts reveal the ultimate absurdity: "Millions of Americans may be disabled and not even know it." No doubt thousands of ambulance chasers will be more than happy to deliver the "good news." And that's now. As reported by Time Magazine in 2008, "a small group of opportunists and select law firms are responsible for a huge percentage of [ADA] lawsuits," based on non-compliance with the law. How hard is compliance? "Title III of the 1990 Americans with Disabilities Act, covers public accommodations," explains website venturatoday.net. "[ADA] lays out hundreds of requirements--everything from the permissible height of countertops and mirrors in newer or renovated buildings to how heavy swinging entrance doors can be to the exact location where grab bars must be located in toilets, and on and on. A bathroom alone must meet 95 different standards, on one estimate." Thus, lawyers "can find targets with ease." And they have. Hundreds of lawsuits have been filed all over the country, often by the same plaintiffs on several different occasions. One such plaintiff, Jarek Molski, 38, disabled in a 1985 motorcycle accident that left him a paraplegic, filed 400 ADA lawsuits against a number of businesses, until a federal judge barred him from filing any more. Groups with noble-sounding names such as Citizens Concerned about Disability Access, and Disabled Patriots of America have targeted businesses in Florida, Georgia and New Jersey. Suits can be brought with no time allowed for businesses to become compliant, and in states like California, statutes which allow for $1,000 or $4,000 in minimum damages, plus attorney fees for each violation, can result in tens of thousands of dollars of damage demands. David Warren Peters, CEO and general counsel of Lawyers Against Lawsuit Abuse, illuminated the level of abuse. "Opportunists see this as a great way to make $12,000 a day or more just by eating out," he said. EEOC Commissioner Chai Feldblum says the current expansion was worked out between the disabled and business communities. "These are workable guidelines that will help people with disabilities, and it will be workable for employers," she said. Yet attorneys for business owners cite an ominous development in the new law: the burden of proof that accommodation is required is being shifted from the employee, who had to prove why such accommodation was merited, to the business owner who will now have to demonstrate why it is not. Attorney Condon McGlothlen explains where this is inevitably leading. "It's going to be very difficult for employers to argue in just about any case that an employee is exaggerating their disability or that the person isn't genuinely disabled," the attorney told Fox News. Commissioner Feldblum adds insult to injury. "I am hopeful that employers will now move to the next question which is, 'How do we make sure our workplace is welcoming to people with a range of health conditions? Here's the obvious answer to that question, Ms. Feldman. They don't. Many of them will simply stop hiring anyone with a disability. And if government strong arms them regardless, they will respond by not hiring anyone at all--at least until progressives figure out a way to force businesses to hire workers regardless of whether or not they need them. No doubt such an idea sounds far-fetched. Yet one suspects that most Americans might consider the idea that an employer, already stressed out by a bad economy, might be less than thrilled with the idea of spending more money to accommodate someone with "post-traumatic stress disorder"--which advocates of the expanded statute claim the courts will consider a disability "in virtually all cases" despite the fact that no condition can legally be considered a disability per se. Only progressives would be delighted by a law which, as stated above, will classify millions of Americans as disabled--without their knowledge. It's a win-win for those who champion the expansion of government entitlements for the "needy," even as it caters to trial attorneys, one of their core constituencies. It will be sold as compassion, even as it gives businesses yet another reason--along with the highest corporate tax rates in the world, ObamaCare mandates, the FinReg bill and a host of other progressive "solutions" to our dismal economy--not to hire. When the law was first enacted, I used to tell my friends a joke. I said a business owner had two employees, a man and a woman. One day the man says to the woman, "baby, you're one hot number." The woman sues the business owner for sexual harassment in the workplace. The guy claims he's a sex addict and he also sues the owner under the ADA, demanding the accommodation of a private office to keep him away from the woman. The owner, forced to pay both claims, goes under. It used to be good for a few laughs. I'll bet no one's laughing now--except the moochers and their enablers. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Comment on JWR Contributor Arnold Ahlert's column, by clicking here. Previously: 03/28/11: The MSM Kills the ‘Kill Team’ Story 03/23/11: Another Military Scandal 03/21/11: Barry, Joe, Helen and Wisconsin Teachers 03/16/11: The Inevitable Viability of Conservatism 03/14/11: Progressives in Their Own Words 03/09/11: $61 Billion in Cuts --- Vs. $223 Billion in One Month of Spending 03/07/11: Bean Bag B.S. 03/02/11: A ‘Green’ Catastrophe in the Making 02/28/11: Ain't Noting Like the Real Thing 02/23/11: Progressive Rot vs. the ROTC 02/21/11: Wisconsin: Progressivism in All its Ugly Glory 02/18/11: News reporters --- or Narrative Shapers? 02/16/11: The Presidents Budget Proposal: An Obamination of Progressive Profligacy 02/14/11: Only Another 9/11 Will Alter the Illegal Immigration Status Quo 02/10/11: Is O'Reilly losing his touch or is he just irresponsible? 02/07/11: Tossing Britain Under the Bus 02/03/11: Starving the World In Order to Save It 01/31/11: Walking the Middle East Tightrope 01/27/11: Small-scale Terrorist Attacks: Big Strategy? 01/24/11: Jeffery Immelt: A Crony Capitalist In Charge of Job Creation 01/20/11: An ‘Intimate’ Prime-time Interview 01/17/11: Progressives: Always Angry, Newly Desperate 01/12/11: Twain vs. the Totalitarians 01/10/11: Politically Correct Passports? 01/05/11: Showdown at the Fiscal Corral 01/03/11: Reading the Constitution Aloud is a Good Start 12/30/10: Getting Our Moral Mojo Back 12/27/10: PC Airport Safety is an Oxymoron 12/23/10: Getting America Back On Track 12/20/10: A Collectivist Coalition of Convenience 12/15/10: The President Who Wasn't There 12/13/10: Tech-No! 12/08/10: A Lethal Military, Inclusive or Not 12/06/10: The ‘Unexpected’ Consequences of Progressivism 12/01/10: Leakers and Losers 11/29/10: ‘We Won’, Part One 11/22/10: Keep Your Hands Off My Constitution 11/17/10: Grope and Change 11/14/10: Taking Back Our Country, One School At a Time 11/11/10: Checks (and Balances), Please 11/08/10: Curtain Up, Progressives Down 11/04/10: Last Chance, Republicans 11/01/10: By Their Own Words Shall Ye Know Them 10/28/10: Progressive Determination to Undermine American Elections 10/25/10: Shock, but more importantly, action: De-Unionize Public Schools now 10/20/10: Multiculturalism? Check, Please 10/18/10: Healthcare: ‘Alice in Wonderland’ vs. The Constitution 10/11/10: Vote for Restoring the Rule of Law in November 10/11/10: Dems: Running From Clarity 10/07/10: Hypersensitive Hogwash 10/04/10: ‘Comprehensive’ Con Artists 09/29/10: Why Dems Are Going Down in November 09/27/10: The Unholiest of Unholy Alliances 09/22/10: Two Words for Republicans to Remember: ‘I Won’ 09/20/10: Purging ‘Me First’ Politicians 09/17/10: No More ‘Lesser of Two Evils’ 09/15/10: ‘Recovery’ Arms Race 09/13/10: ‘Bigots’ in the Majority --- Again? 09/09/10: Giving Voters Something to Vote For 09/07/10: Irresponsible Dems, Incomprehensible Bills 09/02/10: War Weary Americans vs. Implacable Islamists 08/31/10: A ‘Dream’ Debased 08/25/10: American ‘Bigots’ Versus Media Propagandists 08/23/10: Recovery Bummer 08/19/10: An Unholy Alliance of Radicals 08/16/10: You've Lost America, Mr. President 08/13/10: The Twin Towers of Progressive Disconnect 08/11/10: A Far Better ‘National Discussion’ 08/09/10: It's ‘Only’ One Dead Nun 08/06/10: Incremental Tyranny 08/04/10: Ground Zero Mosque: Context Counts 08/02/10: The Arizona Ruling: a Gift for November 07/29/10: The United Cities of America 07/26/10: JournoList: ‘Coordinated’ Ideological Bankruptcy 07/20/10: Go For Broke Or Get Out of the Way 07/14/10: You're a Liberal/Progressive if You Believe… 07/12/10: $33-an-hour--For Sleeping On the Job 07/08/10: Extortionist Government 07/06/10: ‘Commerce Clause’ Totalitarians 07/01/10: Another Public School Travesty in MA 06/30/10: Calling YOUR Bluff, Mr. President 06/28/10: A Trifecta of Progressive Corruption 06/23/10: Plug the Darn Hole --- In Our Border 06/21/10: Our Empty-Suit-in-Chief 06/16/10: Betraying Our Children 06/14/10: Who Gets the Benefit of the Doubt? 06/07/10: Politically Correct Warfare 06/01/10: Bill Maher's ‘Black’ President 05/25/10: A Mosque At Ground Zero 05/23/10: Libs Stand Tall --- For Mexico 05/19/10: The 'Unintended Consequences' of Liberalism 05/17/10: 'Los' Suns: Stuck on Stupido 05/12/10: Union Audacity: Yes We Will! 05/10/10: Greeks, Leaks and and Double-Speak 05/05/10: Twelve Million Illegals --- or Thirty? 05/02/10: Republicans: Playing Not to Lose Doesn't Cut It 04/28/10: Arizona: Progressivism's Waterloo? 04/26/10: Son of Amnesty 04/22/10: Mortgages and Moral Meltdowns 04/20/10: Bashing Christians — Or Gays? 04/15/10: Personal Integri-‘tea’ 04/12/10: Fools, Tools and Ghouls 04/08/10: (Tea) Party On 04/05/10: The Triumph of Mediocrity 04/02/10: Two For the Road 03/29/10: The Innate Immorality of Liberalism 03/24/10: The Art of War 03/22/10: I Want My Country Back 03/18/10: A Perpetual Process 03/17/10: American Exhibitionists 03/15/10: A Light Bulb Moment of Clarity 03/10/10: Little Things Mean A Lot 02/03/10: Budgetary Fork in the Road 02/01/10: Liberal Economic Illiteracy 01/27/10: ‘Roe-ing and Wade-ing’ Back to Reason 01/25/10: Arrogance When Up, Denial When Down 01/20/10: Connecting the Educational Dots 01/19/10: The Next Tea Party? 01/15/10: The Myth That Keeps on Giving 01/13/10: Airport Security Begins Away From the Airport 01/11/10: Secrets and Lies 01/08/10: Embracing Bigotry — or Rejecting Bullying? 01/06/10: Hanging by an Ideological Thread 01/04/10: Our ‘Wonderama’ Bureaucracy 12/30/09: A Day Off 12/28/09: Dangerous Myths 12/25/09: I, Me, Mine 12/23/09: A Very Harry Christmas 12/21/09: My Opinon 12/18/09: The Party of Repeal 12/15/09: Privileged Exemption 11/30/09: ‘Settled’ Science and Unsettled Children 11/30/09: American Sharia Law 11/23/09:The Trial (Travesty) of the Century 11/04/09: American Vampires and Their Political Enablers 11/01/09: ‘Opting Out’ of Insanity? 10/28/09: Cell Phones Cause Brain Cancer. Brain Required 10/26/09: Communism: Nazism With Better PR 10/21/09: Just Asking 10/16/09: Cost Projections vs. Actual Costs, or Hope and Change vs. Reality 10/14/09: News you can use … 10/07/09: Incremental Insidiousness 10/05/09: MIA: Common Sense and Common Decency 09/30/09: Iran: Bad Options and Unpreparedness 09/21/09: Crying Racism: the Last Refuge of Scoundrels 09/11/09: 9/11 Cannot Be Sanitized 09/08/09: ‘Truthers’ and Consequences 09/01/09: A ‘Paper Trail’ Challenge for the Mainstream Media 08/31/09: Drowning in Amorality 08/26/09: The Republican Recovery Program © 2010, Arnold Ahlert

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