However employers prevail in 93% of the trial court cases and 84% of the time at the appellate level according to a study by Ruth Colker of Ohio State University. Workers with both physical and mental impairments are often subjected to cruelty from their co-workers and an atmosphere where management allows this behavior. Two cases currently in the court system are against Bally Total Fitness and Olive Garden.
See Reed Abelson, International Herald Tribune, November 20, 2001