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.
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.
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.
The problem of wheelchair access, indoors and outdoors, has persisted since establishment of ADA statutes, often because of the cost of renovation of older buildings. A very visible and costly accommodation is the creation of curb access through cutting curbs at street corners and creating ramp access highlighted by yellow rubber mats. Major office buildings, restaurants, and retail stores have made construction accommodations 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 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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