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.
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.
Disability lawsuits cover many causes of action. An individual may face multiple cases of discrimination, such as housing, education and employment. Another person may feel that an award they received for a long term work injury, or retirement disability is inadequate. In many cases, lawsuits are filed because the person does not feel that they have been protected adequately by policies and practices already in place.
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, 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 discrimination lawsuits continue to help shape interpretation of the ADA statutes. Much progress has been made in observance of the ADA statutes. At the same time there are clear instances of abuse of the right to sue, causing grief to small business owners and taking up agency and court time. The individual who is considering a lawsuit needs to consult a reputable attorney who is experienced with the ADA issues who can give a considered opinion on the merits of the case.
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