Following growing concern regarding barriers that disabled people find in the community, the Americans with Disabilities Act (ADA) was passed in 1990. Over time, ADA related lawsuits have built case law and precedents that help define this complicated piece of legislation. Individuals with disabilities are now protected by law in many categories and can file a Disability Discrimination Lawsuit.
Disabled persons have issues in obtaining housing, employment, eduction, transportation and various government services. The ADA established a framework of protections that is parallel to that established by the Civil Rights Act of 1964. The Civil Rights Act provided protections against discrimination for individuals based on race, color, sex, national origin, age and religion. The ADA provides the same protections for the disabled. In addition, it provides for the affirmative requirement to provide reasonable accommodation so that disabled persons have the same access to services as the non-disabled.
Much work has been done on defining qualifying disabilities. These generally include genetic disabilities, injuries such as those incurred in time of war, and mental and emotional disabilities. Ongoing case law is constantly addressing what constitutes a qualified disability.
Causes of action for a disability discrimination lawsuit can include access to housing, education or employment. Monetary awards for long term disability or work injuries are often questioned in litigation. Existing policies and practices may or may not have been followed satisfactorily.
Wheelchair access is often the most visible problem with disabilities. Cities have been building accommodation ramps on public thoroughfares, such as curb ramps, and this process continues. Large companies and governments have made significant improvements in access using ramps and bathroom remodels, for example. Often a significant expense is needed to meet the ADA standards.
Small business owners faces special difficulties in meeting ADA requirements because of either a lack of specific knowledge about the requirements, or because of financial hardships. Many small buildings will need expensive remodels, such as bathrooms. There are lawyers who have built a business specializing in suing such small operations, forcing businesses to close rather than pay the cost of remodeling or a judgment in a lawsuit. There are records of law firms filing hundreds of such cases simply for the settlement rewards.
Disability accommodation has been evolving since the passage of the ADA in 1990. Observance of the regulations has generally improved but there are still improvements that need to be made. For the individual considering a disability discrimination lawsuit, the best advice is to consult a reputable, ADA experienced attorney who can lay out the issues and probable results of the case. Except for some of the abuse mentioned above, there is no easy money involved in most cases.
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