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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