Asserting the Seventh Amendment: An Argument for the Right to a Jury Trial when Only Back Pay is Sought Under the Americans with Disabilities Act
Juries usually decide whether a defendant's conduct in a tort suit conforms to the standard required by law.' The jury provides a source of community values when it decides the reasonableness of a party's conduct. The jury performs an important role in this regard on issues invoking community values, where judges and juries most frequently come to different conclusions. The Americans with Disabilities Act ("ADA7) creates a right to sue for disability-based discrimination and to recover damages similar to those in a tort suit. Among other issues, a jury may decide if an employer made reasonable accommodations for a disabled employee.