Prior to 1990, there were no laws in place at the federal level that ensured equal opportunity for people with disabilities. This all changed with the passage and enactment of the Americans with Disabilities Act (ADA). In the 27 years since the law has been amended and interpreted to take its present form.
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 employment lawyers in Nashville today.
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.
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:
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.
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.