Jackson Walker partner W. Gary Fowler, recently authored an article published in the November 2016 edition of Texas Lawyer.
In the article, “President Donald Trump and the Enforcement of the Americans with Disabilities Act,” Gary addresses possible implications to the Americans with Disabilities Act (ADA) under the new presidential administration.
There are three principal parts of the ADA, which was passed in 1990. Title 1 prohibits employment discrimination against qualified individuals with a disability and requires reasonable accommodation for both employees and applicants. The Equal Employment Opportunity Commission (EEOC) was created to interpret the ADA provisions, review discrimination charges, and bring actions for enforcement when violations occur. Title II concerns nondiscrimination on the basis of disability with respect to state and local governmental services. Title III relates to places of public accommodation.
Trump’s responses on disability issues and pledges to the American people, together with the bipartisan support the ADA has enjoyed historically, suggest that it is unlikely he will undertake a statutory revision of the ADA while president. Given his promises to support American workers through less governmental intrusion and regulation, however, it is possible he will curb the effect of regulatory initiatives before the Department of Justice (DOJ). Most significantly, the DOJ is currently considering accessibility requirements for the disabled if websites are determined to be places of public accommodation under Title III. Trump also has the power to limit affirmative action requirements of federal contractors if he elects to do so.
Given the presidential powers of purse and appointment, Trump could influence the enforcement of disability laws, creating a kind of “backdoor” suppression of disabled rights. Reductions in the ADA budget could significantly reduce enforcement efforts which could, in turn, result in more violations. Appointing federal judges who take a more conservative view of federal power could result in narrower interpretations of ADA provisions and more summary judgments in favor of defendants. Given the current 104 judicial vacancies, a full 12 percent of the judiciary, the ability to restrict the ADA through judicial appointment, without making a single legislative change, is a distinct possibility.
Read Article at Texas Lawyer. Subscription may be required to view article.
