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September 18, 2018 (9:34A9/P9), Final Draft Electronic FormatBlanck, P.D. (1997). The Economics of the Employment Provisions of The Americans withDisabilities Act: Part I -- Workplace Accommodations, DePaul LawReview, 46(4), 877-914.The Economics of the Employment Provisions ofthe Americans with Disabilities Act:Part I -- Workplace AccommodationsPeter David Blanck*IntroductionSince its July 26, 1992 effective date, the implementation and effectiveness of Title I of the Americans with Disabilities Act (“Title I”) has been the subject of intense debate, among employers, courts, policymakers, academics, and persons with and without disabilities.1Supporters of the law stress the overarching importance of the civil rights guaranteed by Title I’s anti-discrimination provisions. Critics cast the law as overly broad, difficult to interpret, inefficient, and as a preferential treatment initiative. Others question whether the law’s economic benefits to employers, to persons with disabilities, and to society outweigh its administrative burdens. These and related issues have fueled the debate, some argue a backlash, of Title I.This article examines one aspect of the ongoing evaluation and debate regarding Title I implementation, that is, arguments based primarily in economics.2Presently, there exists limited systematic empirical study of Title I implementation in general, and of the economic impact of the law on employers and othersin particular. This lack of study hinders accurate analysis and interpretation of Title I by both proponents and critics * Professor of Law, of Preventive Medicine, and of Psychology, University of Iowa; Director, Law, Health Policy and Disability Center; Ph.D., 1982, Harvard University; J.D., 1986, Stanford University Law School. I thank Heidi Berven, Steve Burton, Ken Kress, Mollie Marti, Robert Olick, and Randall Thomas for their insightful comments onthe issues discussed in this article.1 For a review, seePeter D. Blanck & Mollie W. Marti, Attitudes, Behavior, and the Employment Provisions of the Americans with Disabilities Act, xx Vill. L. Rev.xxx-xxx (1997 forthcoming) (developing related aspects of the present article).2 The article attempts to examine the economic implications of Title I in ways consistent with prior cost-benefit analysis of the law suggested by economists. As mentioned in the final Part, however, this approach is not meant to suggest that other disciplinary or non-utilitarian views of the law are less valid or useful for assessing the impact of the law on employers, persons with disabilities or society. Seeinfranotes 168-80 and accompanying text.
of the law.3Part I of this article examines the major economic justifications and critiques of Title I, in light of existing empirical information on the law’s implementation. Part II explores the economics of workplace accommodations required under Title I, in particular as reflective of efficient business practices with applications to persons with and without disabilities.

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