Resource: Discouraging Voluntary Disclosure: EEOC v. C.R. England and Confidentiality Under the ADA

Attorney Jessica Jones examines case law leading up to EEOC v. C.R. England and implications on voluntary disclosure under the Americans with Disabilities Act (ADA). Jones further discusses whether the Tenth Circuit Court of Appeals decision in favor of the defendant in EEOC v. C.R. England is consistent with the legislative intent behind the enactment of the ADA. The end of the article suggests possible solutions and alternatives to avoid a less productive disabled workforce.