The Americans with Disabilities Act (ADA), passed in 1990, provides a number of protections for disabled persons who encounter barriers in life activities. There have been many legislative acts passed as the interpretation of the ADA has evolved in the years since 1990. The ADA remains the dominant definer of protective laws for persons with disabilities. The dDisability Discrimination Lawsuit has similarly grown through interpretation.
The ADA guarantees equal opportunity and reasonable accommodation for disabled individuals with regard to housing, employment, transportation, education and a variety of government services. It parallels the Civil Rights Act of 1964, which provided similar protections for individuals who faced discrimination based on race, color, sex, national origin, age and religion.
Defining a qualified disability is often more difficult than defining an individual who is protected by the Civil Rights Act of 1964. Disabilities include mental and emotional conditions that often are not easily defined. These interpretations continue based on developing case law.
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.
These accommodations are not so easy for small business owners who may be in older and smaller facilities requiring costly remodels. A new business has grown among lawyers who have found ways of using the disability statutes for personal gain at the unreasonable cost and expense of small business owners. Some small businesses have closed rather than face these lawsuits. Stories abound, such as a law firm that filed 100 such cases in Pennsylvania and New Jersey in a one year period. A law firm in Florida filed 700 such cases.
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.
Find Disability Discrimination Attorneys Near You And Learn How To Properly File Disability Discrimination Lawsuits Today!
Related posts: