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 "The Disabled Find a Voice in the Courts", Reed Abelson, International Herald Tribune, November 20, 2001