Basics of filing a disability access claim under the ADA, Part 1

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Posted by Legal Team On February 22, 2017

The Americans with Disabilities Act (ADA) is the preeminent law that guarantees individual rights for Americans with disabilities. The ADA was the first of its kind, and it is now duplicated across the world. The ADA prescribes a variety of positive and negative rights. For instance, businesses must do their best to accommodate customers and workers with disabilities (within reason). Additionally, companies cannot discriminate against Americans with disabilities for positions in which they could do their job with some minor accommodations.

There are three ways in which you can file an ADA claim against your employer. First, you can submit a claim with the Department of Justice (DOJ). Second, you can submit a complaint with the Equal Opportunity Commission (EEOC). Finally, you can also file a lawsuit in court. This post will go over the steps you need to file a complaint with the DOJ and EEOC. The requirements for both are relatively straightforward.

You can submit your claim online or via post. You need to provide your name, the name of the party who was discriminated against, and contact information (addresses, phone numbers, email, etc.). You also need to identify the name of the business or institution that discriminated. Finally, you need to submit statements detailing the incident(s), when they occurred, what happened, who was involved, etc. You should also attach documents that you believe support your claim.

The EEOC has a special disability discrimination investigation team that will review your claim. Similarly, the DOJ Civil Rights Division will investigate your claim. You can submit complaints to multiple entities.

Were you unable to accept a position because the employer failed to provide reasonable accommodations? If so, then you may want to contact a lawyer to review your rights. The Americans with Disabilities Act enshrines your right to work, unfortunately, sometimes the only person who is willing to respect your rights is you. an attorney can help you enforce these rights by drafting legal arguments that force your employer to confront their decisions.