Who Can Sue For Discrimination
If you feel an employer has violated the Americans with Disabilities Act, you should contact a discrimination attorney to file a claim.
The American Disability Act recognizes that people who have medical problems because they cannot walk, see, hear, or engage in other daily activities as well as the average person, are entitled to reasonable accommodations at work, unless the change poses an "undue hardship" on the employer.
The ADA also prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation and job training.
An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
If you have a disability and have been discriminated at work, you should file a claim involving the ADA
As for Undue hardships, they are defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.
Who can sue for violation of the Americans with Disabilities Act?
Medical examinations of employees must be job related and consistent with the employer's business needs. If you feel you are being tested or examined in a way that is only due to your
condition, you may be able to file suit.
Employers may not ask job applicants about the existence, nature or severity of a disability. If during an interview, you are being questioned about your liability, this is also cause for a lawsuit. Your disability cannot also stop you from getting hired or advancement. If you feel your disability has stopped you’re an employer from hiring or advancing you, it is time to seek legal counsel.
- Making existing facilities used by employees readily accessible to and usable by persons with disabilities

- Job restructuring, modifying work schedules, reassignment to a vacant position

- Acquiring or modifying equipment or devices, adjusting modifying examinations, training materials, or policies, and providing qualified readers or interpreters
If these reasonable accommodations and others are not met, a lawsuit through an attorney might be your best choice.
- Recent news and potential recovery with ADA cases.
- An elderly, disabled lady with a prosthetic shoulder required a revision of earlier surgery when she fell in a handicapped-parking place at a local restaurant. Our client also suffered wrist and back injuries. The parking space did not meet guidelines of the Americans with Disabilities Act and a sign marking the space collapsed as our client reached for it to steady herself. Case was settled for $165,000.
- A young man had been confined to a wheelchair since suffering a disabling gunshot wound that left him a quadriplegic. He became a speaker to high school groups about the evils of street violence. At a local school a wheelchair ramp had been installed that was too steep and too narrow to meet the regulations of the Americans with Disabilities Act. The client fell, breaking his arm, as his wheelchair tipped over at the end of the ramp. Case was settled for $110,000.