Baseball Crank
Covering the Front and Back Pages of the Newspaper
December 10, 2005
LAW: Time for Some ADA Litigation

Glenn Reynolds quotes the Washington Post:

Mental health practitioners say they regularly confront extreme forms of racism, homophobia and other prejudice in the course of therapy, and that some patients are disabled by these beliefs. As doctors increasingly weigh the effects of race and culture on mental illness, some are asking whether pathological bias ought to be an official psychiatric diagnosis.

Can lawsuits claiming that racists are a protected class entitled to sue under the Americans with Disabilities Act be far behind?

UPDATE: This is as good a time as any to recount my all-time favorite "ADA run amok" story: after the $5 billion Exxon Valdez verdict, which was supposed to send the message to Exxon not to hire drunks as ship captains . . . the EEOC sued Exxon for, essentially, having a policy of not hiring drunks as ship captains. The Fifth Circuit ruled in Exxon's favor after something like seven years of litigation, but its ruling merely set the case for further proceedings, and I'm not sure how it eventually came out. But the point was made: Exxon was damned if it did, and damned if it didn't.

Posted by Baseball Crank at 5:01 PM | Law 2005 | Comments (0) | TrackBack (1)
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