This law provided protection to all people with disabilities in public places, as well as all private locations held open to the public.
Beyond this, the law also requires most employers to make reasonable accommodations to disabled employees and serves to outlaw discrimination based on a person’s disability. All of these protections combine to create a powerful legal tool usable by people with disabilities to protect their rights. However, when these laws are not properly adhered to a Nashville Americans with Disabilities Act lawyer should be consulted to help protect your rights and ensure that the workplace is help responsible. To learn more about the steps involved with filing this type of claim schedule a consultation with one of our Tennessee employment lawyers at Employment and Consumer Law Group today.
The Legal Definition of Disabled
In order for the ADA to provide protection to people, these people must meet the legal definition of “disabled”. Disabled is defined in the ADA as a person with a condition that substantially limits their major life activities, has a record of such impairment, or is regarded as having such an impairment. These conditions may be of either a physical or mental nature.
Under this definition, a person may be legally “disabled” even if they are not currently experiencing any symptoms of the condition.
For example, a person may have suffered from severe psychosis in the past, but is currently functioning at full capacity. As a Nashville ADA attorney can explain, they would still be legally defined as disabled under this legal definition.
Protections Provided by the ADA
Once a person is defined as having a disability, the ADA’s protections kick in. These are separated into five portions, or titles. These are:
- Title I: This law states that all employers with at least 15 employees must make reasonable accommodations for disabled employees to continue their jobs.
- Title II: Here, the law prohibits discrimination on the basis of a disability in the public sector. Accordingly, all public places must have proper training protocols and physical modifications in place to accommodate people with disabilities.
- Title III: This is similar to the requirements listed under Title II, but the requirements for accommodations are extended to private places held open to the public. These include shopping malls, movie theatres, and sports arenas.
- Title IV: Title IV requires telecommunications companies to install technology that allows disabled people to use telephones and televisions to the fullest extent that their individual conditions allow. One prominent example of this is close captioning.
- Title V: The last section contains miscellaneous regulations dealing with insurance coverage questions, prohibitions against retaliation, and exceptions to the rules.
All of these extensive laws serve to protect disabled people in essentially all places that people are expected to visit. From the workplace to the post office, to the grocery store, the law works to ensure that people with disabilities are not discriminated against.
Getting Help From a Nashville ADA Attorney
People who believe that they have been illegally discriminated against under ADA regulations may file a complaint with the Department of Justice.
This complaint must include the complainant’s name, where the discrimination occurred, and any evidence there is to support the claim. The Department will then investigate the claim and may file a lawsuit against the violating party.
Additionally, a person may start a lawsuit on their own accord in federal court alleging damages suffered due to a violation of the ADA.
Our firm’s Nashville American with Disabilities Act attorneys are here to help people to better understand their rights under the ADA and to take any appropriate legal action. Contact us today to schedule a free consultation.
Featured ADA FAQs
Featured ADA FAQs
Yes, it does. Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities, including courts.
All state, county, and municipal courts are covered by the ADA.
Important tips to remember when interacting with someone with a mobility disability:
- Avoid touching or leaning on a person’s wheelchair, scooter or walking aid without his or her permission.
- Be aware of reach limits, particularly when you are handing items to such persons.
- Provide a chair for someone who may have difficulty standing for a long period of time.
- Be aware that people who are not visibly mobility-impaired may have medical needs that impact the ability to move around the courthouse.
It usually takes 12 weeks, however, if you are unable to return to work by the expiration of leave due to your own medical impairment, you may request a leave extension as an accommodation under the Americans with Disabilities Act (ADA).
The ADA gives people with disabilities the right to file lawsuits in Federal court and obtain Federal court orders to stop ADA violations.