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12 Wake Forest L. Rev. Online 1 (2022)

handle is hein.journals/wflron12 and id is 1 raw text is: MANDATORY REASSIGNMENT UNDER THE AMERICANS WITH DISABILITIES ACT: THE FOURTH CIRCUIT WEIGHS IN INTRODUCTION The Americans with Disabilities Act (ADA or the Act)I celebrated its thirtieth anniversary in 2020.2 The Act, which was signed into law by President George H.W. Bush, was enacted to eliminate discrimination against individuals with disabilities, especially in critical areas of life like employment.3 With the ADA's passage came the promise of full and equal access to civic, economic and social life for individuals with disabilities.4 Employment discrimination against persons with disabilities persisted, however, and courts facilitated this discrimination through narrow readings of the statute.5 Though the Act was intended to provide broad protections to persons with disabilities,6 it was limited by courts, and 1. Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213. 2. Anniversary of Americans with Disabilities Act: July 26, 2020, U.S. CENSUS BUREAU: FACTS & FEATURES (June 17, 2020), httDS //www. census Lov/newsroom/facts-for-features/2020/disabilities-acthtml, 3. See 42 U.S.C. § 1210(b)(1); see also id. § 1210(a)(3) (finding that discrimination against individuals with disabilities persists in such critical areas as employment); Stephen F. Befort & Tracey Holmes Donesky, Reassignment Under the Americans with Disabilities Act: Reasonable Accommodation, Affirmative Action, or Both?, 57 WASH. & LEE L. REv. 1045, 1046 (2000) (stating that one of Congress's principal reasons for enacting the ADA was to help disabled people enter and stay in the workplace). 4. U.S. DEP'T OF JUST., ADA SERIES COMMEMORATES UPCOMING ANNIVERSARY (2017), htts://wwwiustice.gOV/arChiveS/Opa/b1o/ada Series commemorates-uncoming-anniversary. 5. See Lawrence D. Rosenthal, Most-Qualified-Applicant Hiring Policies or Automatic Reassignment for Employees with Disabilities? Still a Conundrum Almost Thirty Years After the Americans with Disabilities Act's Enactment, 70 BAYLOR L. REV. 715, 716 (2018) (finding that much of the early litigation concerning the ADA resulted in many pro-defendant opinions to the detriment of disabled employees); see also Stephen F. Befort, The Most Difficult ADA Reasonable Accommodation Issues: Reassignment and Leave of Absence, 37 WAKE FOREST L. REV. 439, 440 (2002) (stating that during the ADA's early years there was heavy litigation concerning the scope of the disability definition); CIVIL RIGHTS DIV., U.S. DEP'T OF JUST., QUESTIONS AND ANSWERS ABOUT THE DEPARTMENT OF JUSTICE'S NOTICE OF PROPOSED RULEMAKING TO IMPLEMENT THE AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT OF 2008 (Jan. 30, 2014), htt~s://www.ada.gov/nprm adaaa/adaaa-nrm-pa.htm (stating that amendments to the ADA were passed as a result of Supreme Court decisions that narrowly interpreted the ADA). 6. 42 U.S.C. § 12101(b).

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