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Title I: Employment
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What is the ADA?
The ADA, or Americans with Disabilities Act, is a civil rights law that was enacted in 1990. Its purpose is to prohibit discrimination against people with disabilities in all areas of public life. This includes jobs, schools, transportation, and public and private places open to the general public.
Key points of the ADA include:
- Employment (Title I): Employers can’t discriminate against qualified individuals with disabilities. They must provide reasonable accommodations unless doing so would cause undue hardship.
- Public Services (Title II): State and local governments must ensure that people with disabilities have equal access to services, programs, and activities.
- Public Accommodations (Title III): Businesses and nonprofits that serve the public must remove barriers and make reasonable modifications to serve people with disabilities.
- Telecommunications (Title IV): Requires telephone and internet companies to provide systems like relay services so people with hearing or speech disabilities can communicate.
- Miscellaneous (Title V): Contains various provisions, including retaliation protections for people asserting their ADA rights.
In short, the ADA is all about equal access, opportunity, and inclusion for individuals with disabilities.
What is considered disability discrimination under the ADA?
Disability discrimination under the Americans with Disabilities Act (ADA) occurs when an individual is treated unfairly or unequally because of a disability, or perceived disability. It also includes instances where a person is discriminated against because of their association with someone who has a disability.
Below are common examples of what could constitute disability discrimination under the ADA:
Employment Discrimination
- Failure to hire, promote, or retain someone because of their disability.
- Terminating an employee after learning they have a disability, even if it does not affect job performance.
- Not providing reasonable accommodations that would allow a qualified person to perform their job, unless doing so would cause undue hardship.
- Segregating or isolating employees with disabilities from others.
- Harassing an employee based on their disability, including making offensive remarks or creating a hostile work environment.
State and Local Government Services
- Denying participation in public programs or services (such as schools, voting, public transportation, and courthouses) because of a disability.
- Not providing auxiliary aids or services, such as sign language interpreters or accessible materials, when necessary for effective communication.
- Not providing accessible transit systems, preventing individuals with disabilities from using public transportation.
- Denying physical access, such as ramps, elevators, or paths of travel to state or local government facilities.
Public Accommodations
- Denying access to goods or services in places like restaurants, hotels, theaters, day care centers, or gyms based on disability.
- Failing to remove physical barriers in public spaces when it is readily achievable to do so.
- Refusing to make reasonable modifications to policies or procedures to accommodate people with disabilities (e.g., not allowing service animals, denying ASL interpreters).
- Not providing alternative formats for people who are blind, deaf, or hard of hearing, such as large print, Braille, or captioning.
Inaccessible Environments
Inaccessible environments refer to physical or architectural barriers in places where people with disabilities are unable to fully access or participate in activities or services. This includes issues that prevent someone with a disability from navigating spaces or using services because they are not designed with accessibility in mind.
Examples of Inaccessible Environments:
- Physical Barriers: Lack of ramps and/or elevators, as well as narrow doorways in buildings, making it difficult for individuals with mobility impairments to enter or move around.
- Transportation: Public transportation that doesn’t have accessible seating, wheelchair lifts, or other accommodations for people with disabilities.
- Communication Barriers: Websites that aren't screen reader-friendly for individuals with visual impairments or lack captioning for people who are deaf.
Who is protected by the Americans With Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) protects qualified individuals with disabilities, who have a physical or mental impairment that substantially limits one or more major life activities. The ADA also protects individuals who have a history of such impairments or are perceived to have a disability, even if they do not have one.
Individuals With Disabilities
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. These activities include things like walking, seeing, hearing, speaking, breathing, learning, and working.
Qualifying disabilities include:
- Mobility impairments (paralysis, amputation)
- Visual impairments (blindness, low vision)
- Hearing impairments (deafness, hearing loss)
- Chronic conditions (diabetes, epilepsy)
- Mental health conditions (depression, anxiety disorders)
- Intellectual disabilities (Down syndrome, autism)
- Neurological conditions (Multiple sclerosis, Parkinson's disease)
Individuals With a History of Disability
The ADA protects people with a history of disability or past conditions that may have been disabling, even if they are not currently affected by the impairment.
For example, a person who had cancer and is now in remission is still protected from discrimination due to their history of the condition.
Individuals Perceived as Having a Disability
The ADA also protects individuals who may not have a disability but are perceived by others as having one. This protection is intended to prevent discrimination based on misperceptions about a person’s abilities or condition.
For example, an employer may refuse to hire someone, assuming they would be absent more often because of their weight, or withdraw a job offer based on a previous back injury.
Individuals With Temporary Disabilities
While the ADA does not typically cover temporary disabilities (e.g., a short-term injury), it may protect someone whose temporary condition substantially limits major life activities for an extended period of time.
Caregivers of Individuals with Disabilities
In some cases, the ADA can also provide protections against discrimination for people who are associated with someone who has a disability, such as caregivers or family members.
For example, a person may not be denied a job or promotion just because they have a child or spouse with a disability.
Who Is Not Protected by the ADA
- People whose impairments are temporary and do not substantially limit major life activities.
- People who are engaged in illegal drug use, though the ADA may provide some protections for those who are in recovery.
- Compulsive gambling, kleptomania, or pyromania
- Individuals who are perceived to have a disability but do not actually have one (unless the perception leads to discrimination).
What are examples of workplace disability discrimination?
Workplace disability discrimination occurs when an employee or job applicant is treated unfairly or unequally because of their disability. Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against qualified individuals with disabilities and must provide reasonable accommodations to allow them to perform essential job duties. Here are examples of workplace disability discrimination:
- Refusal to Hire or Promote Due to Disability
- Firing an Employee Due to Their Disability
- Failure to Provide Reasonable Accommodations
- Harassment Based on Disability
- Discriminatory Job Assignments
- Retaliation for Requesting Accommodations or Reporting Discrimination
- Stereotyping or Assumptions About Disability
- Segregation or Isolation
- Unequal Benefits or Pay
- Inaccessible Workplace Facilities
- Discriminatory Training Practices
- Unequal Evaluation and Feedback
What are some common accessibility issues?
Common accessibility issues occur when businesses, government entities, or organizations fail to comply with the Americans with Disabilities Act (ADA) in providing accessible facilities, services, and programs for individuals with disabilities. These issues can create barriers for people with mobility, sensory, or cognitive disabilities, preventing them from accessing goods, services, or opportunities that others can enjoy.
Here are some common accessibility issues in public accommodations and businesses:
Inaccessible Entrances and Exits
Entrances and exits must be accessible, including ramps, doors, or elevators, and should provide proper signage indicating accessible routes.
Lack of Accessible Parking Spaces
The ADA requires sufficient accessible parking spaces that are close to the entrance, properly marked with the international symbol of accessibility, and large enough to accommodate vehicles with mobility devices.
Inaccessible Restrooms
Restrooms should be designed to meet ADA standards, including wide stalls for wheelchair access, adjustable mirrors, accessible sinks, and grab bars to assist individuals with mobility challenges.
Poorly Designed Pathways and Hallways
Ensure that all pathways are wide enough (typically at least 36 inches for wheelchair access) and free of obstructions to allow for easy movement.
Lack of Accessible Service Counters and Checkouts
Provide lowered counters or alternative methods for conducting transactions (mobile checkout stations or counter-height adjustments) to accommodate customers with disabilities.
Inadequate Assistance for Deaf or Hard-of-Hearing Individuals
Provide accommodations like qualified sign language interpreters, video remote interpreting (VRI) services, or captioning for video content. Entities must ensure they can effectively communicate with people who are Deaf or hard of hearing.
Lack of Accessible Website or Digital Content
Websites must comply with WCAG (Web Content Accessibility Guidelines) and provide text descriptions for images, keyboard navigation, and ensure content is readable by assistive technologies.
Inaccessible Public Transportation
Public transportation services must provide accessible buses, trains, and stations equipped with ramps, priority seating, and accessible communication systems.
Inaccessible Dining Areas
Provide tables with adequate spacing to allow wheelchair users to sit comfortably, as well as lower tables or flexible seating arrangements for accessibility.
Not Providing Service Animal Access
Trained service animals must be allowed to accompany their owners, except in rare cases where the animal's behavior poses a safety or health risk. Service animals should be allowed to accompany their owners in all areas open to the public at a facility.
Lack of Accessible Event Venues
Event venues should provide accessible seating options and adequate space for individuals with disabilities to comfortably attend events, as well as accessible ticketing and entrance options.
Inaccessible Elevators or Lifts
Elevators and lifts should meet ADA standards for size, control accessibility (low-height buttons, braille), and be available in multi-story buildings that fall under the ADA.
Exclusion From Programs and Services
Ensure that all programs, services, and events are accessible to individuals with disabilities, offering alternative formats, modified equipment, or adjusted procedures when necessary.
Inaccessible Voting Locations
Voting locations must provide accessible voting booths, ballots in alternative formats (large print or braille), and support for individuals needing assistance.
Ensuring accessibility is essential not only to comply with legal requirements but to promote inclusivity and equal opportunity for all individuals.
What are common examples of housing and rental discrimination based on disability?
Common examples of housing and rental discrimination based on disability can include:
Refusal to Rent or Sell
Under the Fair Housing Act (FHA), it is illegal for a landlord to refuse to rent or sell to someone solely because they have a disability, provided the person can meet the essential conditions of tenancy.
Failure to Provide Reasonable Accommodations
Reasonable accommodations might include allowing tenants with disabilities to make modifications to common areas or providing specific support services, such as alternative communication methods, to ensure equal access to housing.
Failure to Allow or Make Reasonable Modifications
Private landlords are required to allow tenants with disabilities to make reasonable modifications to their private living space (at the tenant's expense) to ensure it’s accessible, unless such modifications would cause undue financial burden or harm the property.
Discriminatory Advertising or Rental Policies
Housing advertisements or rental policies that specifically exclude individuals based on their disability status are discriminatory and violate the Fair Housing Act.
Inaccessible Housing Units
Housing that is not accessible to individuals with disabilities can constitute discrimination. Affected Landlords must ensure that units and common areas are compliant with features like ramps, wider doorways, and accessible facilities.
Harassment or Intimidation
Under the Fair Housing Act, harassment or intimidation based on disability is prohibited. Tenants are entitled to live in a peaceful environment without being subjected to discriminatory actions or hostile treatment.
Discriminatory Lease Terms
Lease terms that impose unfair conditions or charges on tenants with disabilities, such as higher fees for making modifications, are discriminatory. All tenants, regardless of disability, should have access to the same lease terms.
Discriminatory Eviction Practices
It is illegal to evict a tenant based on their disability, or because they requested a reasonable accommodation or modification. Evictions must be based on non-discriminatory reasons, such as non-payment of rent or violation of non-disability-related terms.
Refusal to Allow Service Animals or Emotional Support Animals
Under the Fair Housing Act, tenants with disabilities are entitled to request reasonable accommodations, such as allowing a service animal or emotional support animal, even in properties with a "no pets" policy.
Denial of Equal Access to Amenities
Housing providers are required to ensure that individuals with disabilities have equal access to shared amenities and services, such as gyms, pools, or recreational areas, unless making such accommodations would cause undue hardship.
What are common examples of transportation and travel industry discrimination?
Common examples of discrimination in the transportation and travel industry based on disability can include:
Inaccessible Vehicles or Transportation Options
Public transportation providers are required under the Americans with Disabilities Act (ADA) to offer accessible vehicles, including buses, trains, and subways, with accommodations such as ramps, lifts, and priority seating for individuals with disabilities.
Denial of Service or Refusal to Provide Accommodation
Ground transportation providers must allow passengers with disabilities to travel with service animals and must make reasonable accommodations for them. Denying service or accommodation based on disability can be a violation of the ADA and other related laws.
Failure to Provide Assistance for Boarding or Disembarking
Transportation companies must ensure that passengers with disabilities are provided with necessary assistance upon request, such as help with boarding, disembarking, or navigating through terminals, to ensure equal access to travel.
Inaccessible Airports, Train Stations, or Bus Terminals
Airports (not airplanes), train stations, and bus terminals must provide accessible infrastructure, including ramps, elevators, wide doorways, and appropriate signage for individuals with disabilities.
Lack of Accessible Restrooms or Amenities
Accessible restrooms and amenities, such as accessible waiting areas and clear signage, are required in most public transportation and travel facilities to ensure accessibility for passengers with disabilities.
Discriminatory Pricing or Fees
Discriminatory pricing, such as charging higher fares or additional fees for passengers with disabilities, is prohibited. Passengers with disabilities must be charged the same fares as other passengers.
Overbooking or Inadequate Seat Assignments
Transportation providers are required to ensure that individuals with disabilities are assigned appropriate seating, which may include extra space or accessible seating when needed for mobility devices or personal comfort due to the disability.
Failure to Properly Train Staff on Disability Access
Travel and transportation service providers are required to properly train staff in understanding the needs of passengers with disabilities, including providing assistance, offering proper accommodations, and ensuring accessible travel experiences.
Exclusion From Special Programs or Services
Passengers with disabilities must have equal access to travel services, including loyalty programs, discounts, or special offers, unless there is a legitimate, non-discriminatory reason for exclusion.
Inadequate Communication or Lack of Accessibility for Deaf or Hard-of-Hearing Passengers
Airports (not airplanes), buses, trains, and other transportation providers must ensure accessible communication for passengers with hearing impairments, including captioning or visual announcements.
Lack of Accessible Travel Information or Booking Systems
Travel websites and booking platforms must comply with web accessibility standards (WCAG) to ensure that all travelers, including those with disabilities, can access, navigate, and use the site independently.
When can a business legally deny a service animal?
It is a common misconception that service animals must hold a “registration card” or some form of certification or documentation. The ADA does not require any of these conditions for entry.
In addition, according to the Department of Justice, “There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA, and the Department of Justice does not recognize them as proof that the dog is a service animal.”
This means covered entities cannot require these documents, and at the same time, disabled individuals cannot rely upon the receipt of such erroneous registration documents to verify that their animal is, in fact, a service animal.
A business can legally deny a service animal only in the following situations:
- The Animal Is Not a Legitimate Service Animal: Under the Americans with Disabilities Act (ADA), the animal must be either a dog or a miniature horse. The animal must be specifically trained to perform tasks related to a disability to qualify as a service animal. A dog that provides personal protection or an animal trained only to be obedient does not qualify as a service dog.
- The Animal Poses a Direct Threat to Health or Safety: If the service animal’s behavior presents a direct threat to others' health or safety, the business may exclude the animal, but the threat must be based on actual behavior rather than assumptions or fears about the animal's breed or species.
- The Animal Is Not Under Control: A service animal must be under the control of its handler at all times. If the animal’s behavior is disruptive and the handler cannot regain control, the business may exclude the animal from the premises.
- The Animal Is Not Required for the Person’s Disability: The ADA specifically defines service animals as those trained to perform tasks for individuals with disabilities, excluding animals that provide comfort or emotional support without specific training.
- Excessive Disruption or Disturbance: A business is not required to tolerate behavior that legitimately disrupts the normal operations of the facility or endangers others.
Under the ADA, there are only two questions a covered entity can ask to determine if a dog is a service animal:
- Is the dog a required service animal due to a disability?
- What work or task has the dog been trained to perform?
What is the difference between a service animal & emotional support animal (ESA)?
The key difference between a service animal and an emotional support animal (ESA) lies in their roles and the legal protections they receive.
Service animals are trained to perform specific tasks for individuals with disabilities. These tasks can range from guiding someone with visual impairment, alerting a person to an oncoming seizure, to providing physical support for mobility. They undergo extensive, specialized training to assist with particular needs related to their handler's disability.
Under the Americans with Disabilities Act (ADA), service animals are granted access to almost all public places, including businesses and transportation, as long as the animal is under control.
Typically, service animals are dogs, though in some cases, miniature horses may also qualify.
Emotional support animals, or ESAs, however, provide comfort and emotional support to individuals dealing with a disability, which can include mental health conditions such as anxiety, depression, or PTSD. They do not have specific training to perform tasks.
ESAs are generally protected under the Fair Housing Act (FHA), which allows them to live in housing that otherwise restricts pets, but they do not have the same public access rights as service animals. They are not automatically allowed in places like restaurants or stores. However, there may be state or local ordinances that provide more protection.
ESAs can be dogs, cats, or other animals, as long as they provide emotional support.
What is the legal process for filing an ADA discrimination lawsuit that is not an employment-related claim?
Filing an Americans with Disabilities Act (ADA) discrimination lawsuit involves several key steps. Here's an overview of the legal process:
1. Determine if You Have a Valid Claim
To file a lawsuit under the ADA, you must be able to show that you are a qualified individual with a disability. This includes individuals with physical or mental impairments that substantially limit one or more major life activities.
You must also show that you have faced discrimination due to your disability in violation of the ADA. This could include issues like denial of reasonable accommodations, harassment, or unequal treatment in the workplace or public spaces.2. File a Complaint (If Applicable)
Depending upon the type of case you have, you may need to file a complaint with a state or federal agency first before filing a lawsuit in Court.
Depending upon the claim, they must be brought within a certain period of time, called the Statute of Limitations. Each case varies, and you should consult with an attorney to ensure your claim is timely filed.
With a free case evaluation, the helpful and compassionate legal team at Morgan & Morgan can provide you with this information.
3. Investigation
After filing the complaint, if the case requires filing with a state or local entity, the relevant agency will investigate the claim. This can take several months. During the investigation, the agency may contact the accused party and ask for a response.
The agency may also offer mediation to resolve the issue without going to court.
4. Right to Sue Letter or Notice of Finding Cause
If the case requires filing with a state or local agency, and if that agency cannot resolve the case or if they find a basis for the discrimination, they will issue a notice of some type, which in many jurisdictions allows your case to proceed in state or federal court.
With a free case evaluation, the helpful and compassionate legal team at Morgan & Morgan can provide you with this information and determine how your discrimination claim must be handled.
5. File a Lawsuit in Federal or State Court
Some disability discrimination can be filed directly in State or federal court. The complaint will detail the allegations of discrimination, the facts of the case, and the legal basis for the claim under the ADA.
It is highly recommended to have an attorney who specializes in disability discrimination to guide you through the court process.
6. Pre-Trial Procedures
Once in court, the case will go through pre-trial procedures. Both parties will exchange evidence, documents, and witness testimony. This phase allows each side to investigate the other’s case and prepare for trial.
Either party may file motions, such as a motion to dismiss or a motion for summary judgment, which can influence whether the case goes to trial.
7. Settlement or Trial
Many ADA cases are settled before trial, often through negotiation or alternative dispute resolution like mediation. Settlement can lead to compensation or other corrective measures without the need for a trial.
If no settlement is reached, the case can proceed to trial. Both sides will present their evidence, and a judge or jury will determine if discrimination occurred and what remedies are appropriate. Morgan & Morgan boasts an army of over 1,000 trial-ready lawyers who aren’t afraid to take a case all the way to court if necessary.
What is the potential compensation for employment discrimination cases based on disability?
The potential compensation for employment discrimination cases under the Americans with Disabilities Act (ADA) can vary based on the specifics of the case, including the nature of the discrimination, the harm suffered, and the type of legal claim. The following are generally the forms of compensation that may be available:
- Back Pay & Front Pay: Compensation for lost wages or future earnings.
- Compensatory Damages: For emotional distress and pain and suffering.
- Punitive Damages: To punish malicious or egregious actions by the defendant.
- Reinstatement: Returning the employee to their previous position.
- Injunctive Relief: Correcting discriminatory practices or policies.
- Attorneys’ Fees: Paid to the prevailing party for legal costs.
While the exact amount of compensation will depend on the specific details of each case, the potential for substantial damages is present in cases where severe or repeated discrimination can be shown.
How do I prove employment disability discrimination in court?
To successfully prove disability employment discrimination under the Americans with Disabilities Act (ADA), you need to establish several key elements. Below is a step-by-step breakdown of what the court will generally look for and the types of evidence that can support your case.
1. Prove You Have a Legally Recognized Disability
Under the ADA, a disability is defined as:
- A physical or mental impairment that substantially limits one or more major life activities (such as walking, working, seeing, concentrating, etc.),
- A record of such an impairment, or
- Being regarded as having such an impairment.
2. Show You Are Qualified for the Job or Program
You must show that you:
- Meet the basic qualifications (education, skills, licensing, etc.), and
- Can perform the essential functions of the position with or without reasonable accommodations.
3. Prove You Were Subjected to Adverse Action
Generally, you need to show that you suffered a negative action because of your disability. This could include being:
- Denied a job or promotion
- Terminated or demoted
- Harassed or treated unfairly based on your disability
- Denied requested reasonable accommodations
4. Show That the Employer Knew About Your Disability
To hold an employer covered by the ADA liable, you generally must prove they knew about your disability or had reason to know.
Evidence to support this:
- Formal accommodation requests
- Emails or HR communications disclosing your condition
- Records of meetings or discussions about your disability
5. Establish a Link Between the Disability and the Adverse Action
You must prove that your disability was a motivating factor in the adverse treatment, not just a coincidence.
6. Counter the Employer’s Defense
Employers often claim the adverse action was based on legitimate reasons unrelated to the disability (like performance issues or policy violations). They might also argue that accommodating you would cause an undue hardship.
Can I sue my employer for failing to provide reasonable accommodations?
Yes, you can sue your employer for failing to provide reasonable accommodations if they are covered under the Americans with Disabilities Act (ADA) or other related anti-discrimination statutes, and you meet certain legal criteria.
The obligations of each employer can vary, however, and each case is unique and subject to specific laws based on the type of industry and state. For example, the rules for private employers are not the same for federal agencies with employees; there are also state employee rights that vary from state to state.
Depending upon your employer, you may need to file a Complaint With the Equal Employment Opportunity Commission (EEOC) or the relevant agency first.
If your employer falls under the statute that requires a filing with the EEOC, a claim must be filed, and then the agency investigates the complaint and helps determine if there is sufficient evidence to pursue the case.
To bring a valid claim, you generally must prove the following:
1. You Have a Qualifying Disability
Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities (like walking, speaking, seeing, or working).
2. You Are Qualified for the Job
You must be able to perform the essential functions of your job with or without reasonable accommodations.
3. Your Employer Knew About Your Disability
You need to have informed your employer of your disability and requested an accommodation—this request does not need to be formal or in writing, though documentation can help support your case.
4. A Reasonable Accommodation Was Available
The accommodation you requested must be considered “reasonable,” meaning it wouldn’t impose an undue hardship on the employer (excessive cost or major disruption to operations).
5. The Employer Failed to Provide the Accommodation or Engage in the Interactive Process
Even if your specific accommodation isn’t feasible, the employer is required to engage in an interactive process—a good-faith dialogue to explore alternative solutions. A failure to engage in this process can itself be a violation of the ADA.
What should I do if a business covered under the ADA denies me access due to my disability?
If a business denies you access because of your disability, it may be a violation of the Americans with Disabilities Act (ADA)—a federal law that prohibits discrimination against individuals with disabilities in places open to the public.
First, it is important to stay calm and collected and, if able, collect as much information and evidence as you can. Write down what happened as soon as possible while it's fresh in your memory. Note the date, time, location, and names of any employees involved. Take photos or videos, if appropriate and safe to do so. Save receipts, emails, or any communication that may be related to the incident. You can also gather witness information if anyone saw what happened.
Next, contact Morgan & Morgan to present this information and learn more about your legal options. You can get a free, no-obligation case evaluation with our team anytime.
How long do I have to file an ADA discrimination lawsuit?
The amount of time you have to file a lawsuit, known as the statute of limitations, varies by state and the specifics of your case.
It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.
Since deadlines can vary by state and situation, it's best to consult with an experienced attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.
Can I receive compensation for emotional distress in a disability discrimination case (non-employment case)?
It depends upon which statute your claims are being brought under, federal or state. You may be able to receive compensation for emotional distress in a disability discrimination case, depending on the type of case and the law under which it is filed. However, the case law about the receipt of emotional distress damages has changed significantly, and it's best to speak to an experienced attorney.
Employment Discrimination (ADA Title I)
If your employer discriminated against you because of your disability (fired you, denied a reasonable accommodation, or created a hostile work environment), you can pursue damages under Title I of the Americans with Disabilities Act (ADA).
Emotional distress may be awarded even if you didn’t lose wages, as long as you can show harm like anxiety, depression, humiliation, or reputational damage caused by the discrimination. The laws and protections surrounding this are constantly changing, however, so it is important to speak to an experienced attorney to understand your rights under current laws.
Housing Discrimination (Fair Housing Act)
If a landlord or housing provider discriminated against you due to your disability, you may also be entitled to emotional distress damages under the Fair Housing Act (FHA).
Public Accommodations (ADA Title III)
If a Title III business (store, restaurant, theater) discriminated against you or denied access, you cannot recover emotional distress damages under the ADA alone.
Instead, you may be able to seek injunctive relief (court-ordered changes). To get monetary compensation, you may need to bring a state law or local ordinance claim alongside the federal ADA claim. Many states have human rights laws that allow for some emotional distress damages in public accommodation cases. Please consult with an attorney for a better understanding of your specific claim.
Do I have to pay for a consultation with a lawyer?
No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.
Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.
Who will be on my case team?
When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.
Your case will be handled by a dedicated team of professionals, attorneys, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.
When do I meet with my lawyer?
We love talking to our clients. For employment discrimination claims, you will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call. Other discrimination cases have different procedures to ensure you can communicate with your lawyer and their team.
How much does it cost to hire Morgan & Morgan?
Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay Morgan & Morgan if we win.
Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.
Why should I hire Morgan & Morgan?
At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.
We work on a contingency fee basis, meaning you won’t have to pay Morgan & Morgan unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay Morgan & Morgan if we win.
Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.