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 Disability Discrimination Lawsuits.
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.
Disabilities often come in degrees and much has been done to try to define a qualifying disability. Genetic disabilities, war and other injuries are often self explained. Other disabilities, such as mental and emotional conditions, may require more effort to define them as a qualifying disability.
An individual may feel discrimination in a variety of areas, such as access to housing, employment issues or education. If a person feels they have been given inadequate treatment or compensation by existing policies or practices, this can lead to a trip to a lawyer. An individual may file a complaint against an award in a disability or workers compensation case.
Mobility is probably the most common clear sign of the plight of the disabled. Wheelchair access, indoors and outdoors has been a continual challenge. Large employers and businesses have been able to make necessary construction accommodations to meet ADA standards. This is visible as curb access is being created by ramps on street corners around the country. Older buildings and smaller businesses, however, present problems with accommodations because of related expenses.
Small business owners, on the other hand suffer financially when, for example, they need to remodel a bathroom to ADA specifications in an older or small building. Some lawyers have found a profitable business in targeting these businesses for lawsuits. As a result, many small businesses have had to pay settlements, or in some cases the businesses have closed because they were unable to meet the expenses required for remodel or litigation. There are records of law firms filing hundreds of such claims to make money from the resulting settlements or judgments.
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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