The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion.
If you believe you’ve been discriminated against because of a disability, you can file an ADA complaint or lawsuit against the person or organization you believe discriminated against you. An ADA lawsuit allows you to fight for your rights in court and possibly receive remedies such as monetary damages or changes in policies and practices. However, ADA lawsuits can be complex, lengthy and expensive. Thorough preparation and understanding your rights under the ADA will help you determine if an ADA lawsuit is the right option for your situation.
Requirements for an ADA Claim
To bring an ADA claim, you must meet several requirements:
– You must be a qualified individual with a disability. This means you have a physical or mental impairment that substantially limits one or more major life activities, you have a record of such an impairment, or you are regarded as having such an impairment.
– You must have been discriminated against in an area covered by the ADA. The ADA prohibits discrimination in employment, public accommodations, transportation, state and local government services, and telecommunications.
– The entity you are suing must be covered by the ADA. The ADA applies to private employers with 15 or more employees, state and local government agencies, employment agencies, and labor unions. Places of public accommodation such as restaurants, hotels, theaters, shopping centers, recreational facilities, private schools, and others are also covered regardless of size.
– You must file your claim within the required timeframe. This is within 180 days if you are filing a complaint with the Equal Employment Opportunity Commission (EEOC), or within 2 years if you are filing a private lawsuit. These deadlines can be extended under certain circumstances.
– You must exhaust administrative remedies before filing a lawsuit. For employment claims, this means filing a charge with the EEOC and receiving a right-to-sue letter. For public accommodation claims, you must allow time for an investigation by the Department of Justice.
If you meet all of these requirements, you can proceed with an ADA claim or lawsuit. Thoroughly document any incidents of discrimination, obtain evidence to support your case, and consult with an attorney experienced in ADA law.
Proving Discrimination Under the ADA
To prove your ADA claim in court, you must be able to show:
– You have a disability within the meaning of the ADA. You must prove you have a physical or mental impairment that substantially limits a major life activity. Alternatively, you can show you have a record of impairment or are regarded as having an impairment.
– You are qualified to perform the essential functions of the job, with or without reasonable accommodation. For employment claims, you must show you have the necessary skills, education, certifications, etc. to perform the fundamental duties of the position.
– You suffered an adverse action. For employment, this may include failure to hire, demotion, suspension, termination, or denial of a reasonable accommodation. For public accommodations, it may include denial of goods or services.
– Your disability was the reason for the adverse action. You must show your disability actually motivated the discrimination. There must be a causal link between your disability and the adverse action.
– The entity you are suing is covered by the ADA. You must prove the number of employees or that the entity is a place of public accommodation covered by the law.
– You suffered damages as a result. This may include lost wages and benefits for employment claims or emotional distress damages.
The burden of proof is on you as the plaintiff to establish these elements and prove you were wrongfully discriminated against. Having solid evidence to support each aspect of your claim is key.
Finding an ADA Attorney
Because ADA claims involve complicated legal issues, it is advisable to hire an attorney experienced in ADA law to represent you. When choosing an attorney, look for these important qualifications:
– Extensive knowledge of ADA regulations, requirements, and case law. The ADA has specific and complex definitions, rules, and legal precedents, so a depth of expertise is crucial.
– Experience handling ADA cases. Look for an attorney who has represented plaintiffs in ADA litigation and resolved these cases successfully. Ask about their track record.
– Resources to handle an ADA lawsuit. ADA cases often involve substantial discovery and litigation costs, so make sure the attorney/firm has the resources to fully commit to your case.
– Good communication skills. Your attorney should clearly explain your rights under the ADA, realistically assess the strength of your case, keep you updated on progress, and answer all your questions.
– Contingency fee structure. Most ADA attorneys work on contingency, meaning they only collect if you win and receive a settlement or award. Typical contingency fees range from 30-40% of the amount recovered.
– Member of ADA advocacy groups. Many attorneys handling ADA cases are members of groups like the American Association of People with Disabilities and have a passion for this work.
Take the time to research, interview, and properly vet attorneys before selecting one to handle your ADA claim. This can significantly impact the outcome of your case.
First Steps in an ADA Lawsuit
If you believe you have an ADA claim and plan to move forward with litigation, the first steps include:
– Gather evidence. Collect documentation, records, communications, performance reviews, medical records, and anything else related to the alleged discrimination. Eyewitness accounts, photos, videos, and other evidence is also helpful. Organize evidence clearly and chronologically.
– File administrative complaints. For employment claims, file a charge with the EEOC within 180 days of the discrimination. For public accommodation claims, file a complaint with the DOJ. Get copies of the complaints and responses.
– Receive a right-to-sue letter. After investigating your EEOC charge, you will receive this letter authorizing you to file a private lawsuit. Make sure to file suit within 90 days. There is no required letter for public accommodation suits.
– Consult attorneys. Interview multiple ADA attorneys and select one to represent you. Make sure you understand the fee agreement. Ask about the attorney’s assessment of your case based on the evidence gathered.
– Prepare the complaint. Your attorney will draft a formal legal complaint detailing your allegations of ADA violations and the damages suffered. The complaint must meet procedural requirements.
– File the lawsuit properly. Your complaint must be filed in the proper court based on factors like the type of ADA claim and amount of damages sought. There are strict deadlines for filing the suit after administrative remedies are exhausted.
Taking methodical preliminary steps and working closely with your legal counsel sets your ADA case on the right foot from the start.
The Discovery Process
After you file the ADA lawsuit, the case enters the discovery phase. This involves gathering additional information and evidence from the other side. Common discovery methods include:
– Interrogatories. These are written questions the opposing side must answer under oath. Interrogatories help establish key facts. Each side can ask up to 25 questions.
– Depositions. These are in-person interviews conducted under oath with parties and witnesses. Depositions allow more thorough follow-up questioning.
– Requests for production. Either party can request relevant documents and evidence from the other side. This may reveal supporting details.
– Requests for admission. One side can ask the other to admit or deny facts, to establish undisputed issues.
– Independent medical exams. The defendant may request the plaintiff undergo an exam by their doctor to assess claimed disabilities. Plaintiffs can get a second opinion.
– Expert witnesses. These are professionals who can provide specialized testimony to establish things like employment standards, statistical evidence, or medical conditions.
The discovery process aims to eliminate any surprises at trial and encourage settlement. Your attorney will let you know if you need to participate in any depositions, exams, etc. Review documents closely before production.
Settlement and Mediation
The majority of ADA lawsuits settle out of court rather than proceeding to a full trial. Settlement happens when both sides negotiate a mutually acceptable resolution. Reasons to settle include:
– Avoiding costs of a trial. Settlement saves time and litigation expenses for both parties. Defendants avoid potentially larger verdicts too.
– Control over the outcome. Settlement gives the plaintiff more input than leaving the decision to a jury. Settlement terms can address specific remedies sought.
– Confidentiality of terms. Settlements often have confidentiality clauses, unlike public trials. This may be preferable for employment-related cases.
– Faster resolution. Settling shortens the legal process which may have already dragged on. Trials and appeals could take several additional years.
Mediation is a settlement process led by a neutral third-party mediator. The mediator facilitates negotiations and recommends potential settlement options, but does not impose binding decisions. Mediation provides a constructive environment for each side to present their case and explore solutions. Your attorney can advise you on reasonable settlement ranges and negotiate on your behalf. Be prepared to provide a counteroffer if the initial offer is too low. Settlements must be approved by the court.
Preparing for a Trial
If early settlement attempts fail, the case proceeds to a trial. Key steps in preparing for trial include:
– Developing trial strategy. Your attorney will determine the best arguments to prove your allegations. You’ll also review expected defenses and counterarguments.
– Organizing evidence and witnesses. Decide which documents, events, medical reports, and other evidence to present. Arrange for witnesses and decide the order of testimony. Prepare witnesses to give clear, concise accounts.
– Creating visuals and demonstratives. Visual aids like timelines, charts, photos or videos help simplify and illustrate key points for the jury.
– Practicing testimony. Your attorney will conduct mock examinations to prepare for direct and cross-examination questions. Be ready to clearly explain events while staying calm and focused.
– Drafting opening/closing statements. These important speeches outline the case theory and interpret the significance of evidence for the jury. Your attorney will carefully craft these statements.
– Anticipating trial motions and objections. Develop responses to any motions the defense may make to exclude evidence or dismiss the case. Be ready to overcome objections to testimony.
– Researching the judge and jury. Understand the judge’s prior rulings and temperament. Jury consultants may be used to create juror profiles and predict tendencies.
Thorough preparation and presentation of the strongest evidence, narrative, and arguments at trial gives you the optimal chance at a successful verdict.
Evidence to Prove Your Case
There are several key types of evidence to prove your allegations of ADA discrimination:
– Discriminatory statements. Written or verbal comments showing bias or animus due to disability can directly establish discriminatory motive. However, these are not always available.
– Documentation of performance. Having a strong performance record and qualifications can help rebut claims that poor performance motivated adverse action.
– Information on replacement. Facts showing the person who replaced you does not have superior qualifications or abilities demonstrates pretext.
– Records of disparate treatment. Documentation showing employees similar to you received more favorable treatment helps prove discrimination.
– Witness testimony. First-hand accounts from eyewitnesses or colleagues who observed discriminatory incidents or disparate treatment add critical support to your case.
– Medical evidence. Having doctors substantiate the nature and severity of your disability through medical reports, testing data, and expert opinions lends key support.
– Policies and manuals. Providing employee handbooks, accommodation policies, performance standards, and other policies can expose inconsistencies with how you were treated.
– Photographic evidence. Photos and videos documenting barriers in public accommodations or showing you competently performing job functions can visually illustrate your case.
Your attorney can explain which types of evidence are most vital for your specific case and help gather documentation from the strongest sources to prove each element of your ADA claim.
Accommodation Issues
For ADA employment discrimination claims, failure to provide reasonable accommodation for a disability is a common basis for allegations. Key issues related to accommodations include:
– Documenting your needs. Having medical support and concrete explanations of your functional limitations and exactly what accommodation would enable you to perform essential duties is critical.
– Reasonableness. You must prove the requested accommodation is reasonable and does not impose an undue hardship on the employer. Cost, resources, operations, and other factors determine reasonableness.
– Good faith participation. You must show you and your health providers actively participated in the interactive process to arrive at an accommodation.
– Qualified despite disability. With accommodation, you must still be qualified for the position. The accommodation cannot remove an essential function of the job.
– Undue delay. If the employer unnecessarily delayed providing an accommodation that was eventually granted, that time lapse can still constitute discrimination.
– Retaliation concerns. Adverse actions taken soon after requesting an accommodation indicate potential retaliation that may be unlawful.
Documenting how you cooperatively sought reasonable, modest accommodations but were still denied by the employer can profoundly strengthen your case evidence.
Financial Damages
Remedies available if you prevail in an ADA discrimination lawsuit include:
– Compensatory damages. These address actual monetary losses like lost wages, reduced benefits, lower earnings capacity, and out-of-pocket medical costs stemming from the discrimination.
– Punitive damages. Monetary penalties levied against the defendant as punishment for malicious or reckless violations of ADA rights. Punitive damages are limited based on the size of the employer.
– Emotional distress. You can receive damages for mental anguish, stress, humiliation, loss of self-esteem and enjoyment of life resulting from ADA discrimination.
– Attorney’s fees. Reasonable attorneys’ fees are recoverable based on typical billing practices in your area. Rates, time expended, experience levels, and other factors are considered.
– Injunctive relief. This requires the defendant to take or cease specific actions, such as adopting policy changes, training staff, eliminating barriers, reinstating employment, or providing reasonable accommodations.
Experienced ADA attorneys can assess the full scope of monetary as well as practical remedies appropriate for your situation. Keep records of all quantifiable losses and emotional impacts. Consult experts if needed to accurately calculate damages.
Conclusion
The Americans with Disabilities Act provides essential civil rights protections, but asserting these rights through an ADA lawsuit can be challenging. Thoroughly documenting discrimination, choosing the right attorney, understanding your rights and remedies, presenting persuasive evidence, and skillfully negotiating a settlement when appropriate will give you the greatest chance of a successful outcome. With persistence and preparation, justice is possible.