Disability Discrimination Cases

Disability discrimination cases arise when and employee is treated differently based on their disability. Under the Americans with Disabilities Act of 1990 ("ADA"), a person has a disability if they have a physical or mental impairment that substantially limits a major life activity. The ADA also protects people who have a history of such a disability, or if an employer believes that the person has a disability, even if they don't. When an employer discriminates based on a disability, a charge of discrimination may be filed by contacting the U.S. Equal Employment Opportunity Commission ("EEOC"). A disability discrimination case might be appropriate if a person believes they have been discriminated against, and that person may be entitled to a remedy that will put them in the position they would have been in had the discrimination not occurred. Remedies for disability discrimination cases may include being hired, receiving a promotion, reinstatement of a job, back pay, or reasonable accommodation or reassignment. A person alleging discrimination may also be entitled to attorneys fees from the defendant employer.

Fast Facts

  • As a general rule, it is best to file a complaint within 180 days after the discrimination happens.
  • Studies show that around 16 out of every 100 people received some kind of benefit from the employer as a result of filing a discrimination complaint and case.

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