Disabled Americans are afforded the same rights as every other citizen of the United States, and the Americans with Disabilities Act (ADA) was passed to help support the disabled in all of their endeavors. If you are disabled and feel you’ve been discriminated against because of it, you might be able to sue the person who has offended you. Of course, you’ll need a sound legal case with sufficient evidence and competent legal counsel.
There are three statutes of the Americans with Disabilities Act that cover different types of discrimination. Title 1 allows disabled individuals to sue their employers for discrimination; Title 2 gives you the right to sue local and state government agencies; and Title 3 allows you to sue for violation of public access laws. You’ll need to familiarize yourself with the entire Act if you are going to win. Your attorney will have that information, but it helps if you are informed.
If you are going to sue for discrimination under Title 1 of the ADA, you’ll need to first file a complaint with the Equal Employment Opportunity Commission, which is a government body designed to help employees receive fair treatment in their careers. They will review your complaint and send you a letter by mail – called a ‘right to sue’ letter – that gives you the permission you need to proceed with your lawsuit.
For violations of Title 2 of the Americans with Disabilities Act, you should contact the agency that has discriminated against you and inform them of your complaint. This isn’t a necessary step before you can sue, but it will help your case in court – it shows that you made attempts to come to an agreement with the other party. Just make sure you contact the specific agency with which you have a problem, such as the Federal Transit Authority if you’ve been offended on public transportation.
And if you want to sue for discrimination under Title 3 of the ADA, it is a good idea to first contact the person or entity responsible for the public access violation. For example, if there are no areas for wheel chairs at a movie theater, contact the parent company and let them know of the violation. Next, you can file your lawsuit if you feel that they haven’t taken steps to correct the problem.
Unfortunately, the statute of limitations on claims regarding discrimination is fairly narrow. The Americans with Disabilities Act requires that you instigate your lawsuit within 180 days of the incident in question. If you wait longer than six months, you risk losing the ability to sue, and the perpetrator walks away Scot free.
If you want to sue for discrimination under the Americans with Disabilities Act, you’ll need to have a strong case with solid evidence against the accused. This might mean video tapes, pictures, written letters or documents, and witness testimony. Your best bet is to file the lawsuit (to make sure you don’t exceed the statute of limitations), then start collecting evidence with the help of your attorney.
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