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Find A Discrimination Lawyer For Disability (ADA) Claims

 
Summary

If you have been discriminated against because of a disability, you should consult with a discrimination laywer that specializes in (ADA) Americans with Disabilities Act claims.

Title III of the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in any place of public accommodation. 

Title III specifically requires that all facilities which accommodate the general public cater to the needs of their disabled patrons, guests and members as much as possible. Examples of public accommodations include: restaurants, hotels, motels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, schools, apartment complexes and day care centers.

The only exemptions under the ADA’s Title III accommodations requirement are private clubs and religious organizations.

Public accommodations must not exclude, segregate or treat people with disabilities unequally. Education courses and trade examinations that pertain to licensing and credentialing must be held in sites that are accessible to people with disabilities or alternative arrangements must be offered.

Auxiliary aids must also be provided to those individuals with vision or hearing impairments so that they too can benefit.

However, any individual who poses a direct threat to the health or safety of others regardless of their handicap may be justifiably denied public access without fear of retribution.

The Civil Rights Division of the U.S. Department of Justice is responsible for the enforcement of Title III of the ADA.

While older, non-compliant facilities are not asked to undergo costly renovations or install elevators, the ADA requires that all newly constructed ‘public accommodations’ be accessible to the disabled. Elevators are generally exempted in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center, mall, the office of a health care provider, a public transit station or an airport passenger terminal.

When ADA conversion is judged to be cost-prohibitive, ‘modest’ adjustments are still required. Examples of modest adjustments would include: wheelchair ramps, installing grab bars, lowering a water fountain, moving a paper towel dispenser, reading the non-Braille menu of food items to a blind patron, rearranging restaurant tables to widen the traffic area or moving a department store counter to allow for wheelchair access. If this is not possible, curbside assistance or home delivery are allowable alternative options.

Often, the only change required in converting a public facility to acceptable ADA code is the placement of handicapped parking spaces and water fountains.

Commercial landlords and their tenants are viewed to be equally responsible and accountable when a business enterprise does not meet ADA compliance. If you have experienced disability discrimination at work, you can consult with a discrimination lawyer to discuss the details of your case.

Who Can Sue

When a retailer fails to comply with any of the ADA public accommodation requirements, regardless of how minor or how severe the violation that retailer can be sued for disability discrimination.

Private individuals who have experienced discrimination, under Title III ADA, generally have three options: 

1. They may file a complaint with their closest U.S. Attorney's Office or with the Department of Justice. Any action taken would be on behalf of the United States government; therefore the individual would not be entitled to a monetary award.

2. They may file their own lawsuit in the U.S. district court. 

3. If they live in a state that allows individuals who have been discriminated against to sue and receive damage settlements, they may retain an attorney and file their own disability discrimination lawsuit.

Complaints under Title III must be filed with the Department of Justice within 180 days of the date the discrimination occurred. Private lawsuits may also be brought to Federal court without a ‘right to sue’ letter.

In some cases, a disability discrimination lawsuit filed in State court may result in triple award damages, plus the retailer is required to pay the successful litigant’s attorney fees and costs.

Even disabled individuals, who have not been discriminated against, are permitted to file suit under Title lll if they reasonably believe that discrimination will occur at a future date.

If you believe that you are entitled to compensation because of a violation you suffered under Title lll, contact an lawyer who specializes in civil rights or disability discrimination claims.

If a lawsuit becomes a class action, it will result in all potential ADA access claims also becoming part of that same suit. This is because members of a particular class (for example, persons who are blind) are represented in the class.

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