Nathan Newman wrote:
>
>
> Shit-- I had been concentrating so much on the proceduralism of the
> decision, I had missed that loaded sentence. If what's implied is followed
> through on, even the injunctive relief left to go after states with is not
> going to be worth much for most people with disabilities.
I don't see many lawyers being willing to take on an ADA employment discrimination case for injunctive relief without being able to get damages in the form of back pay, etc.. I mean where is the money for them? And where is the incentive for disabled person with no paycheck in the mail to pursue the possibility of a rare win of injunctive relief that could take years to get to court?
> One result of this decision is that we are likely to see a rash of lawsuits
> against public employees unions, since they will be left as the only
> somewhat deep pocket to sue. Somewhat anticipating this decision this past
> summer when I was researching a different ADA issue effecting unions, its
> pretty clear under the law that disabled workers can sue unions for failure
> to negotiate equal access under the ADA. The interesting question is going
> to be how the courts deal with state employers who refuse to implement such
> proposals by the public employee unions. How hard will the unions have to
> push for those changes to avoid financial liability themselves?
>
Have there been any such lawsuits so far -- prior to the Supreme
dictators' ruling?
marta