Federal and state laws prohibit discrimination based on numerous characteristics, including disabilities. Employees with handicaps have the right to employment, for example, even if certain reasonable accommodations have to be made to address the challenges that the disability poses.
If you face disability discrimination, one of your legal options may be to begin a handicap disability discrimination lawsuit.
These are highly complex legal processes that require turning to both state and federal law for assistance. Because of the difficulties these legal actions pose, it’s essential to work with handicap discrimination lawyers. Learn more about this process and what to expect when you hire dedicated attorneys to represent you.
Who Can File a Disability Discrimination Complaint?
The Americans with Disabilities Act (ADA) is a federal civil rights law that forbids disability discrimination in all aspects of public life, including schools, jobs, transportation services, and public or private spaces open to the general public.
The Disabilities Act is in place to ensure that those with disabilities have the same opportunities in life as anyone else.
The disability discrimination claims process begins with establishing that you are eligible to file a complaint. This means you must have a physical or mental impairment that substantially limits life activities. Numerous types of impairments fit this definition, including:
- Blindness or low vision
- Diabetes
- Cancer
- Autism
- Cerebral palsy
- Post-traumatic stress disorder
- Deafness or hearing loss
- Intellectual disabilities
- Major depressive disorder
- Epilepsy
- Mobility issues
- Traumatic brain injury
That is a non-exhaustive list of the impairments that the ADA covers. Suffering any of these would make you eligible to begin ADA discrimination claims. Additionally, you may be able to file a complaint if you’re discriminated against for perceived disabilities, even if you don’t have an actual impairment.
The Equal Employment Opportunity Commission (EEOC) further protects employees. This agency enforces federal anti-discrimination laws involving employment.
In California, there is the Fair Employment and Housing Act that offers the same protections as federal laws. If the discrimination occurred in this state, you will most likely have to file with the California Civil Rights Department. In some instances, you may be able to file both with this department and with the EEOC.
Federal employees can rely on the Rehabilitation Act when filing these complaints. This act provides similar rights to the ADA. The Rehabilitation Act prohibits disability discrimination against federal employees and individuals participating in federally funded programs, like public schools and hospitals.
Job applicants, as well as current and former employees, can file a complaint. This includes contractors. Individuals who have been treated unfairly for being associated with a handicapped person can also begin a lawsuit. An example would be a family member.
If you’ve been discriminated against when it comes to housing, you have another law you can call on for justice. This is the Fair Housing Act, which forbids discrimination by direct providers of housing against people with disabilities or as a result of their race, sex, religion, familial status, or national origin.
Steps to Filing a Disability Discrimination Complaint
If you experienced discrimination because of your disability and you’re considering filing disability discrimination complaints, the first thing you should do is hire a handicap discrimination lawyer. These claims are too complex to go through without the appropriate legal support.
You will need to gather as much evidence as possible that shows you suffered discrimination. You’ll then need to report the discrimination to the appropriate agency.
If your employer has violated your rights, you will usually have to begin by letting your workplace’s human resources know of the problem and then file with the California Civil Rights Department or, if you’re a federal employee, the EEOC.
For cases involving public accommodations, like shops or restaurants, or state and local services, you will need to contact the Department of Justice.
If the incident occurred in a school, you will have to file with the Department of Education, while discrimination that involves public transportation will need to go to the Federal Transit Administration.
Providing the Basis for the Complaint and Gathering Evidence
To demonstrate that an employer or another entity violated the rights you have under the Americans with Disabilities Act, Rehabilitation Act, or Fair Housing Act, you will need a substantial amount of evidence.
Establishing the Basis for the Complaint
You’ll first have to prove that you belong to a protected class because you have a disability that significantly impacts a major life activity. You must also show that you can perform the essential functions that a job requires, with or without reasonable modifications (if the discrimination involves employment issues).
Then, you’ll need to establish the type of discrimination you experienced. If an employer looks at an applicant unfavorably only because of their disability, they are violating that person’s rights to an equal opportunity for employment.
Some forms of discrimination are even more obvious. If you are terminated or demoted solely because of a handicap, that is illegal under both federal and state laws.
As part of federal law, employers must make reasonable accommodations for someone with an impairment. These accommodations must not cause undue hardship to the business.
They also cannot fire you or penalize you for symptoms or consequences of your handicap. An example would be getting fired because of absences related to the treatment of a chronic illness.
Another type of discrimination is a hostile workplace. If you experience harassment or bullying as a result of an impairment, that, too, is a violation of your rights.
It is illegal to refuse to rent, sell, or negotiate housing contracts with someone because of their disability. Housing discrimination can also occur if you face different terms or conditions for obtaining housing than other people do.
Gathering Evidence
Make sure to document everything related to the discrimination. Keep a detailed list of the date, time, and place of each incident, along with the names of any witnesses who can corroborate your statement. Some helpful types of evidence include emails, medical records, and performance reviews.
If you’ve made reasonable accommodation requests, like asking for closed captioning or to be seated for the majority of the day when the rest of the employees stand, keep a record of the answers you receive.
You should also note if co-workers who have the same or similar positions are treated more favorably than you are because of your disability.
To succeed in these claims, you must establish a connection between your disability and the adverse employment action you suffered. You can do this by showing a pattern of behavior, like an employer consistently giving you the worst job assignments or not making a job offer when you were fully qualified for the position.
Investigation and Resolution of Disability Discrimination Claims
The next step in the handicap discrimination legal process is for the agencies involved to investigate. Most of the time, you must file a complaint within 180 days, but the California Fair Employment and Housing Act can extend this timeline. The deadline will depend on the agency in which you file the complaint.
Once the investigation is complete, you may be prompted to pursue mediation. If this doesn’t resolve the problem, there may be further investigations.
If you file with the California Civil Rights Department or the EEOC, a conciliation is possible. This would be a voluntary settlement. If the California Civil Rights Department or the EEOC does not file a lawsuit on your behalf or does not find cause for the claim, they can issue a Notice of Right to Sue. This would allow you to file a private lawsuit.
Remedies and Damages for Disability Discrimination
With help from handicap discrimination lawyers, you have a chance to obtain remedies for the discrimination you have experienced. Some of the most common include:
- Reinstatement: Returning to your previous position
- Back Pay and Benefits: Compensation for lost wages and benefits as a result of being terminated or not promoted
- Front Pay: Compensation for future lost earnings
- Reasonable Accommodations: Adjustments that allow for your disability without undue hardship on your employer
- Emotional Distress Damages: Compensation for the mental suffering you have experienced
- Attorney’s Fees and Costs: Compensation to cover legal fees
The company can be made to change its policies, too. This can involve mandatory re-training and updates to the company’s anti-discrimination regulations.
Fighting for Your Rights in California
If you have suffered discrimination because of an impairment, you have the right to begin a complaint. Federal and state laws protect you from these negative experiences, which is why it’s so important to hire handicap discrimination lawyers as quickly as possible after experiencing this type of harm.
At the California Civil Rights Law Group, our team brings fierce dedication to every case we take on. We know how distressing these situations can be and how much of an impact they can have on your mental health and financial well-being. You don’t have to navigate these complex processes alone.
Our attorneys can guide you as you gather evidence and present complaints to the appropriate agencies. Contact our team to schedule a free initial consultation with one of our discrimination lawyers.
