Legal Remedies For An ADA Discrimination Claim

In this article, you can discover:

• The various legal remedies available for those who file a successful ADA discrimination claim.
• The essential elements required to establish a solid ADA discrimination claim.
• How the proof of discrimination can be direct or indirect and how each affects the case.

What Remedies Can One Expect After Winning A Discrimination Claim Under The ADA?

The ADA provides multiple remedies for victims of discrimination. This includes injunctive relief, which could compel a company to change discriminatory policies. Furthermore, victims can recover compensatory damages for emotional distress and other intangible harm. If one wins the case, they may also be reinstated to their job, receive back pay, and be reimbursed for any attorney’s fees. Other economic damages could include lost benefits.

What Must Be Established In An ADA Discrimination Claim?

To lodge a successful ADA discrimination claim:

1. One must have a disability recognized under the statute.
2. Depending on the type of claim, whether it’s failure to accommodate, retaliation, or discrimination, different standards apply.
3. One can prove their case either through direct or indirect evidence. In the rare direct scenario, it’s based on blatant discriminatory statements or actions. Most often, cases rely on indirect evidence, where discrimination is inferred from circumstances.

How Can One Prove Discrimination Occurred Indirectly?

Indirect discrimination cases require a strategic approach:

1. Demonstrating you were a proficient employee who met your employer’s expectations.
2. Establishing that you have a recognized disability.
3. Showing you faced an adverse employment action, which typically impacts your finances, like termination or demotion.
4. Finally, connecting this adverse action directly to your disability, rather than any other reason the employer might provide. This means refuting any justifications given by the employer and proving the real reason was linked to the disability.

Remember, understanding your rights and the intricacies of the ADA can make all the difference in ensuring fair treatment at your workplace. If you believe you’ve faced discrimination, reaching out to a knowledgeable attorney is crucial.

For more information on Legal Remedies For An ADA Discrimination Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (301) 753-3232 today.