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18 Del. J. Corp. L. 521 (1993)
Compliance Costs of the Americans with Disabilities Act

handle is hein.journals/decor18 and id is 529 raw text is: COMPLIANCE COSTS OF THE AMERICANS WITH DISABILITIES ACT I. INTRODUCTION The Americans with Disabilities Act' (the Act) was enacted to prevent discrimination against the estimated 43 million Americanse with disabilities and to ensure their integration into mainstream life.3 The Act created a private right of action with the potential for compensatory and punitive damages of up to $300,000.4 The purpose of the Act is, in part, to provide dear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities. 5 Commentators opine that the Act will transform the landscape of American society,6 and [do] some- 1. Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 327 (1990) (codified at 42 U.S.C. §§ 12,101-12,213 (1988 & Supp. II 1988)) [hereinafter all citations to the Act are to the U.S.C.]. Many of the Act's key provisions are drawn from the Rehabilitation Act of 1973, 29 U.S.C. %5 701-796i (1988 & Supp. II 1988), which provided limited employment protection for hand- icapped employees of the federal government, federal contractors, and recipients of federal aid. Additional protection for the disabled can be found in the statutes of at least 45 states. Matthew B. Schiff & David L. Miller, The Americans with Disabilities Act: A New Challenge for Employers, 27 TORT & INS. L.J. 44, 44 & n.3 (1991). The Act specifically provides that it will not encroach upon the rights or remedies provided under any state or other federal law. 42 U.S.C. § 12,201(b) (1988 & Supp. II 1988). Although the Act became law on July 26, 1990, the provisions applicable to private employers with twenty-five or more employees did not take effect until July 26, 1992, and for private employers of fifteen or more employees, the Act will not take effect until July 26, 1994. 42 U.S.C. 5 12,111- 12,117 (1988 & Supp. 11 1988). See John W. Parry, The Amerieans with Disabilities Act: Effective Date in Each Title, 15 MENTAL & PHYSICAL DIsAIIxrY L. REP. 13, 13 (1991). 2. See infra notes 23-24 and accompanying text for a detailed breakdown. 3. ZACHARY D. FASMAN Er AL., WHAT BusINsSS MuST Kvow ABour THE AMERICANS wrrii DISABILITIES ACT 1, 1 (1991). 4. 42 U.S.C. § 12,101(a) (1988 & Supp. II 1988). The damage provisions of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, were extended to include claims under the Act. Pub. L. No. 102-166, 105 Stat. 1072 (1991) (codified as amended at 42 U.S.C. 5 1981a (1988 & Supp. I1 1988)). 5. 42 U.S.C. 5 12,101(b)(2) (1988 & Supp. 11 1988). 6. Arlene Mayerson, The Americans with Disabilities Act-An Historic Ocerriew, 7 LAB. LAw. 1, 1 (1991).

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