ADA Employment Law Claims Process

What Is the ADA Employment Law Claims Process?

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What Is the ADA Employment Law Claims Process?

If you have lost a job because of a disability, you may have the legal right to claim wrongful termination. Disability discrimination is a violation of federal workers’ protection laws. 

Employers are required to provide reasonable accommodations for disabled employees in the workplace. These regulations are intended to protect the rights of workers. 
The Americans with Disabilities Act specifies employers’ responsibilities. Below, we will discuss some of the most important issues related to ADA employment law. If you believe that you have a valid claim against your employer, contact a legal professional.
The compassionate attorneys at Morgan & Morgan understand the difficulties that many employees with disabilities face. We believe that all workers deserve effective legal representation. 
At Morgan & Morgan, we offer no-cost case evaluations to help you explore all your options. Fill out our easy-to-use contact form online to schedule your free legal consultation today. You’ll be glad you did! 

What Is ADA Employment Law? 

The Americans with Disabilities Act was originally instituted in 1990 and was amended in 2008. This vital legislation details specific worker protections regarding employment in relation to disabilities. 
In short, the law prohibits discrimination against qualified employees because of disabilities. Additionally, employers must provide disabled workers with reasonable accommodations that allow them to work. 

Reasonable accommodations must allow disabled employees to perform their job functions without “undue hardship.” 
To fully understand their obligations, employers should determine:

  • Whether a particular employee is covered by the ADA
  • Whether the employee could experience discrimination 

For employees who qualify, companies are required by ADA employment law to provide reasonable job accommodations. Employers are also prohibited from retaliating against employees who request these adjustments.

Common examples of reasonable ADA accommodations include:

  • Accessibility adjustments for workplace facilities
  • Restructuring non-essential responsibilities and job functions
  • Allowing for modified work schedules
  • Providing leave
  • Providing access to transportation
  • Offering reserved parking spots
  • Modifying training materials and policies

These are only a few relevant examples. However, employers are not required to cut essential job functions, lower their quality standards, or offer promotions to employees with disabilities.
If you believe that you have been discriminated against because of your disability, you may have a valid ADA violation claim. It is vital to speak with a skilled employment attorney to make the decision that is best for you. 

How to File an ADA Employment Law Claim 

If you believe that your employer has violated the Americans with Disabilities Act, filing a claim may be the best path forward. 
ADA violations occur when an employee is demoted, fired, denied promotion, denied reasonable accommodation, or disciplined because they have a disability. 
If you have been discriminated against, you may hope to file a lawsuit against your employer. However, employees cannot proceed straight to the litigation phase in response to discrimination. 

Internal Resolution

First, you should follow the recommended steps for filing a complaint internally. That is, adhere to your company’s worker complaint policy to report potential discrimination.
If there is no specific policy in place, speak with the company’s human resources department. Make sure to submit a written complaint and keep a copy for yourself. This will help if you need to pursue further action.
Employees are not legally required to seek an internal resolution first. But it is a good idea to do so, no matter what type of difficulty you are facing.
When you seek an internal resolution, the business may adequately address your issue. If they do, this will save you the time and money of pursuing further legal action. 
However, the company may not adequately respond. If this happens, you will have evidence that you tried to solve the problem internally.

Filing an EEOC Charge

If your employer does not address the problem sufficiently, these will be your next steps:

  • Before pursuing a lawsuit, you will need to file a “charge of discrimination” through the Equal Employment Opportunity Commission (EEOC)
  • The EEOC will approach your employer and request to investigate your discrimination claim
  • The EEOC may attempt to settle the dispute 

Employees are not permitted to file suit until they have filed a complaint with the EEOC and allowed an investigation.

In many instances, the EEOC will resolve the issue without the need for litigation. This requirement is intended to keep easily resolved claims from crowding the courts.
In some cases, you may need to file a complaint with an employment fairness agency at the state level. Some states have enacted legislation to protect employees with disabilities, as well.
When you file a complaint with a state agency, the information about your case will usually be shared with the EEOC. State and federal violations claims are distinct, however. 
It is important to ensure that you maintain the right to file a lawsuit under both state and federal ADA employment law. Speaking with an accomplished attorney will help you to protect your rights.
Following an incident of discrimination, you must file an EEOC charge within either 180 or 300 days. The EEOC has set a limit of 180 days, but some state laws may extend this time limit.

Contacting a Discrimination Attorney

If the EEOC or state agency is unable to resolve your complaint after an investigation, you will receive notice. This notification letter will give you the “right to sue.” 
Do not hesitate. Once you receive the “right to sue” letter, you must file a lawsuit in as little as 90 days. The timeline will depend on the state in which you are filing suit.
Even if you know that you need legal representation, you may not know how to find the right lawyer. Below, we will discuss a few important tips for finding the best employment discrimination attorney. 

Steps to Find the Best ADA Employment Law Attorney 

When you are searching for a legal representative for your ADA violation claim, consider the following steps:

Hire a Legal Specialist

Many people believe that every lawyer has the same legal knowledge. This view is mistaken. 
There are many different areas of legal specialty. If you plan to file a lawsuit regarding an ADA violation, it’s best to contact a skilled employment lawyer. 

A knowledgeable legal specialist can:

  • Help to file an internal complaint with your employer
  • Submit a charge of discrimination with the EEOC
  • Oversee your interactions with state employment fairness agencies
  • Ensure that your rights are protected
  • Build a powerful lawsuit for you, if necessary

You are not legally required to hire an attorney before filing a lawsuit. But speaking with a skilled professional will give you the best chance of a positive outcome in your case. 

Hire a Firm with a Record of Success

There are no guarantees in employment law. However, it is crucial to find a law firm that has a track record of success.
Ideally, you should hire a firm with a history of winning cases like yours. Firms with experience in winning employment law cases will be more likely to understand how to proceed with your claim.
You should never have to worry that your attorney is unfamiliar with the nuances of employment law. 

Fight for All Relevant Damages

It is important to find an accomplished employment lawyer so that you can receive all the compensation that you are owed. 
If you have been fired because of your disability, you can request that the court give you your position back. Oftentimes, however, this is not a suitable resolution. Many claimants do not want to continue working for a company that discriminated against them.
Instead, most claimants in employment discrimination cases pursue monetary damages. Examples include:

  • Appropriate backpay for the financial losses you sustained 
  • Legal fees, court costs, and other associated expenses
  • Front pay to compensate for a period of anticipated unemployment
  • Emotional suffering and distress

In some cases, claimants pursue punitive damages. This is a type of financial recovery that is intended to punish the former employer for their discriminatory practices.
Punitive damages are only awarded in rare circumstances. There are federal limits for damages in employment discrimination cases. 
The limit ranges from $50,000 to $300,000. This will depend on the size of the company that discriminated against you. 

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • Does the ADA Require Companies to Hire Less Qualified Individuals Because They Have a Disability?

    No. People who lack job qualifications are not permitted to claim discrimination under ADA regulations. To qualify for ADA protection, an individual must be qualified for their job. This means that they need to meet all the requirements for the position. They must have the ability to perform essential job functions. If you have specific questions about whether your employer has violated ADA requirements, contact Morgan & Morgan. Our accomplished employment lawyers will thoroughly examine the facts of your case. We will help you to determine your best course of action.

  • Is Trial Experience Important When Hiring an Attorney?

    Yes. It is crucial to find a lawyer or firm with plenty of trial experience. Many employment cases are settled without the need for litigation. However, you should not count on an EEOC investigation or internal resolution solving your problem. Some discrimination cases do escalate to the courtroom. 
    If your case requires a lawsuit, you should be ready. At Morgan & Morgan, our attorneys know how to successfully win court cases. When you hire us, you can rest assured that your case is in good hands.

  • Under the ADA, Are Employers Allowed to Fire Workers Who Have Disabilities?

    Yes. The ADA does not protect employees who are unqualified or otherwise ill-suited to certain positions. The ADA is only intended to protect workers from discrimination because of their disability.
    Employers are permitted to fire workers with disabilities if they meet three conditions:

    The termination is not because of the disability
    The worker does not meet necessary requirements for the position
    The employee’s disability poses a direct threat to the workplace
    If an instance of firing meets these criteria, it is not considered to be discriminatory. 

  • Morgan & Morgan – We Will Fight Hard for You

    If you believe that you have a valid ADA violation claim, do not wait. Reach out to Morgan & Morgan as soon as possible. Our team of qualified legal professionals will fight hard for you.
    Our attorneys boast more than a million successful verdicts and settlements. As a result, our firm has won over nine billion in recovery for our clients. 
    When you partner with the team at Morgan & Morgan, you can work with the best employment attorneys available. Complete our user-friendly contact form online to schedule your free case evaluation today!

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