THE TIP OF THE ICEBERG - EARLY TRENDS IN ADA ENFORCEMENT

The employment discrimination provisions of the Americans with Disabil ities Act (ADA) have now been in effect for more than a year. While em ployers still lack definitive guidance on some of the most crucial iss ues presented by this law, the types of claims that have been asserted under the ADA thus far provide insights into the areas that may becom e focal points for ADA litigation over the next few years and offer an early warning to employers to address certain issues-such as disabili ty-based harassment, disability-specific limitations in employee healt h benefits, and the employment of mentally impaired individuals-that t hey may not have considered when preparing for ADA compliance.