February 10th, 2010Following growing concern regarding barriers that disabled people find in the community, the Americans with Disabilities Act (ADA) was passed in 1990. Over time, ADA related lawsuits have built case law and precedents that help define this complicated piece of legislation. Individuals with disabilities are now protected by law in many categories and can file Disability Discrimination Lawsuits.
The ADA established the civil rights of disabled persons much as the Civil Rights Act of 1964 was intended to provide these protections against discrimination for persons based on race, color, sex, national origin, age and religion. The ADA guarantees equal opportunity for disabled individuals in housing, employment, education, transportation and government services.
Much work has been done on defining qualifying disabilities. These generally include genetic disabilities, injuries such as those incurred in time of war, and mental and emotional disabilities. Ongoing case law is constantly addressing what constitutes a qualified disability.
Disability lawsuits cover many causes of action. An individual may face multiple cases of discrimination, such as housing, education and employment. Another person may feel that an award they received for a long term work injury, or retirement disability is inadequate. In many cases, lawsuits are filed because the person does not feel that they have been protected adequately by policies and practices already in place.
The problem of wheelchair access, indoors and outdoors, has persisted since establishment of ADA statutes, often because of the cost of renovation of older buildings. A very visible and costly accommodation is the creation of curb access through cutting curbs at street corners and creating ramp access highlighted by yellow rubber mats. Major office buildings, restaurants, and retail stores have made construction accommodations to meet the ADA standards.
These accommodations are not so easy for small business owners who may be in older and smaller facilities requiring costly remodels. A new business has grown among lawyers who have found ways of using the disability statutes for personal gain at the unreasonable cost and expense of small business owners. Some small businesses have closed rather than face these lawsuits. Stories abound, such as a law firm that filed 100 such cases in Pennsylvania and New Jersey in a one year period. A law firm in Florida filed 700 such cases.
There are no easy answers when it comes to disability accommodation, and disability discrimination lawsuits have resulted in refinement and better observance of the ADA regulations. There are instances of these protections being abused and such lawsuits take up agency and court time that could be better spent on other cases. The best option is to find a reputable disability attorney who can help the individual decide on their options.
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