What Are the Remedies for Disability Discrimination?
Remedies for Disability Discrimination
If you believe you have been a victim of disability discrimination, you have options for remedies. The Equal Employment Opportunity Commission and many state civil rights agencies investigate discrimination complaints, and if they find evidence of wrongdoing, they can file lawsuits on your behalf. In addition to compensatory damages for emotional distress and pain and suffering, you may be able to recover punitive damages. These are meant to punish a company for the egregious nature of its wrongdoing.
The ADA prohibits discrimination in hiring, job assignments, pay, training, promotions, leave or benefits, licensing and union membership, and layoff and firing. It also prohibits a company from imposing limitations on your participation in a job or activity, even if the limits are based on your disability. The law defines disability as an impairment that substantially limits a major life activity. This includes conditions such as blindness, hearing loss, muscular dystrophy, diabetes, epilepsy and other medical problems. It also covers mental and emotional conditions such as depression, anxiety, PTSD and bipolar disorder.
Your employer must provide reasonable accommodations if you request them. A reasonable accommodation is any modification to the job, work environment or how things are done that allows you to apply for a job, perform the duties of your job and enjoy the benefits and privileges of your employment. For example, providing a larger computer screen for an employee who has vision loss would be a reasonable accommodation. On the other hand, a new building with elevators isn’t required because it poses undue hardship on the employer. Undue hardship involves weighing the costs and benefits of the accommodation against its impact on the employer’s operations.
What Are the Remedies for Disability Discrimination?
You can file a Title I disability discrimination complaint with the EEOC or your local state fair employment practices agency within 300 days of the date the violation occurred. You can also file a lawsuit in federal court after receiving a right-to-sue letter from the EEOC. Disability discrimination is illegal, but it’s common to see people with disabilities being mistreated and harassed. Understanding the most common signs of disability discrimination can help you take action if you’re a victim.
Title II of the ADA prohibits discrimination by States and local governments, regardless of their size or receipt of federal funding. It applies to all government entities that operate programs, services and activities that the public uses or attends, including schools, parks, libraries, housing, health care, social services, transportation, courts, town meetings, and voting.
If you have questions about the legal definition of disability law or how to prove a disability discrimination claim, contact Rossman Law Group for a free consultation. Our experienced team can help you understand your rights and options and determine the best course of action to take. We represent clients nationwide. You can reach us by phone, email or online chat. We can also arrange a video conference or in-person meeting at our offices. We’re here to support your goals and empower you to make a positive difference in our communities.
