The Americans with Disabilities Act or ADA is a federal law whose goal is to protect individuals with disabilities from discrimination, including workers or employment seekers. ADA defines disability as a physical or mental impairment that significantly affects one or more major life activities, including walking, reading, focusing, and engaging with others. By ADA standards, a disability can impact various bodily functions like immune, digestive, respiratory, or mobility.
Multiple government agencies, including the US Department of Labor and the Equal Employment Opportunity Commission, can enforce ADA regulations. Your state of residence can also have additional laws and protections in place.
If you have experienced an ADA violation and are considering your legal options, consulting an attorney experienced with ADA lawsuits is an effective option.
Workplace ADA Violations
Employment-based ADA violations can cover a broad range of situations, from preventing individuals from applying to a job or denying them employment, to demoting or firing them due to their medical condition. If a public or private company declines to provide reasonable accommodations to their employees with disabilities, this also constitutes an ADA violation.
Physical or logistic accommodations that also violate ADA regulations include:
- Lack of wheelchair ramps
- Insufficient parking spots for persons with disabilities
- Inaccessible restrooms
- Lack of first-floor office space available to individuals with limited mobility
If your employer also declines to provide signage for blind individuals or necessary ASL interpretation, federal agencies can also classify them as ADA violations.
Hiring a Qualified Attorney
If you are unsure whether you experience an ADA violation, you can either review the ADA guidelines on their official website or directly contact an attorney specializing in disability rights law. If you have already determined that you are dealing with an ADA violation, working with a lawyer can make a positive difference in filing a lawsuit. This lawyer needs to have jurisdiction in the geographical area where the violation happened.
Your attorney can guide you through the process and explain in great detail what your rights are under the ADA. From filing a complaint to going to court over a lawsuit if the business contests your claim, your lawyer can ensure that you receive a fair response from the federal agency reviewing your case.
What Happens After I File a Lawsuit?
You typically need to submit your complaint within 50 days after the ADA violation happened. After you file your lawsuit, an ADA External Compliance Coordinator should review it within two weeks of reception and meet with you and your attorney. During this appointment, you can discuss possible resolutions.
The ADA External Compliance Coordinator keeps you updated on the next steps. ADA lawsuits rarely result in monetary compensation for the plaintiff. The goal of such legal pursuits focuses on remedying the situation. A business often has a specific timeframe within which to abide by ADA regulations.
Contact Hester Law Group today at (253) 300-3034 to schedule a free consultation to discuss the ADA violation you have experienced in Tacoma or its surrounding areas.