The Americans with Disabilities Act and other federal and state laws prohibit employers from discriminating against people with disabilities and require them to make reasonable accommodations to enable disabled employees to perform their jobs.You have the right to file a lawsuit if your employer has discriminated against you because of a disability.You have to exhaust all administrative remedies before you can file a charge with the Equal Employment Opportunity Commission.
Step 1: Information about the discrimination you're facing.
It's not possible to begin the process of suing for disability discrimination without evidence.If you have a disability that makes you unable to stand for more than an hour at a time, your supervisor should provide you with a stool or chair so you can perform your duties while sitting.If your supervisor penalizes you for leaning on a counter or refuses to give you a stool or chair, this is disability discrimination.It is against the law for your supervisor or co-workers to make fun of you because of your disability.Even if you don't have a disability, they still think you do.The details of discrimination are still fresh in your mind, so it's important to write it down as soon as possible.If you're being harassed or discriminated against, it's a good idea to create a journal or diary.If you are working a shift, take down the date, time, location, and context.Write down the names of those who were responsible for the discrimination and any other co-workers who witnessed it.
Step 2: An internal complaint can be filed.
If you want to take your complaint to the next level, you should give your employer written notice of the problem and give him or her a chance to fix it.Put your complaint in writing and let your employer know that you take the matter seriously and consider it illegal disability discrimination.As a result of your complaint, let your employer know what you want them to do, whether they want employees disciplined, just want the harassment to cease, or need a reasonable accommodation for your disability.Dates, times, locations, and the names of employees that are involved in the action or statements that you consider to be discriminatory should be included.If you made a journal, use it as a reference.You could make copies of those entries and include them in a different way.If you don't feel comfortable bringing up the issue with your employer, you may be asked by an EEOC agent why you did not report the discrimination.Federal law requires you to file a charge within 180 days of the most recent act of discrimination if you want to preserve your right to lawsuit.
Step 3: Determine if you are eligible to file a state charge.
You must first file a charge with a state or federal administrative agency.There is an online assessment tool for the EEOC.You can easily determine if you're eligible to file a federal charge by answering a few questions.If you work for a small business, you should check with your state's employment discrimination agency if you aren't eligible to file a federal charge.The ADA only applies to businesses with at least 15 employees, but state laws often apply to employers with fewer employees and may provide more comprehensive protection.
Step 4: You have to complete the EEOC intake questionnaire.
The three-page form provided by the EEOC contains information about yourself, your employer, and discrimination you're experiencing.At any of the EEOC's field offices, you can pick up a print questionnaire.If you look at the form before you go to the field office, you can make sure you have all the information you need.You may want to file your charge with both state and federal agencies if you are eligible.Do you know if your state agency has a dual-filing program?Many states will file charges with the EEOC for you when you file a charge with a state agency.
Step 5: You can submit your questions.
Your charge can be evaluated if you submit your questionnaire to your nearest EEOC field office.The EEOC doesn't have a way to submit a questionnaire online.You need a paper form to send it.The EEOC's location map can be found at http://www.eeoc.gov/field/index.cfm.The agency has 53 field offices, so if the one closest to you is too far away, call the office.An agent will make sure that your charge is received before the deadline.
Step 6: You should talk to an EEOC agent.
Once your charge has been evaluated, it will be assigned to an agent who will interview you about discrimination.An EEOC agent will talk to you about your charge on the same day if you take your questionnaire into the field office.If you had to mail in your questionnaire, you will either be called by a field agent or receive a list of questions in the mail that you must answer in writing and send back.
Step 7: The EEOC is investigating.
Within 10 days after your interview, the EEOC will send you a copy of your charge along with instructions on how to proceed.The EEOC can either assign the case to an investigator or send you and your employer to mediation.Before you can file a lawsuit in court, you must complete the EEOC process.You don't need to file a lawsuit if you reach a settlement with your employer.You will get a right-to-sue notice if the EEOC finds no violation.If the EEOC finds a violation but you can't reach a settlement with your employer through mediation, you will get a right-to-sue notice.The administrative process takes about 180 days to complete.You can request a right-to-sue notice from the EEOC if the investigation is not yet complete.If the EEOC doesn't complete its investigation by the deadline, you can request a right-to-sue notice.
Step 8: An attorney can help with discrimination against people with disabilities.
If you're issued a right-to-sue letter, an experienced disability discrimination attorney is your best option to make sure your rights are protected.Unless you win or settle your case, most disability discrimination attorneys will not give you any money.You don't have to worry about out-of-pocket expenses for an attorney.If you know of a group that advocates for disability rights in your area, you should start looking for an attorney.You can search for disability attorneys on the website of your state or local bar association.After you answer a few questions or briefly describe your issue, many bar associations will provide you with names of attorneys that will take cases like yours.You should interview at least three attorneys before you pick one.Pick someone who has experience handling disability discrimination cases or who specializes in disability law if you want to make sure you are picking the right person.
Step 9: Discuss your case with your attorney.
In order for your attorney to draft your complaint, he or she will need all the details about the discrimination you're experiencing and the people involved.You can start by giving your attorney copies of all the information you gave to the EEOC, as well as any information that you provided to your employer.Your attorney is likely to ask you questions about discrimination and your relationship with your employer.Answer the questions completely and openly.Your attorney will draft a complaint for you once he or she has the necessary information.Information about you and your employer will be included in your complaint.Your complaint will detail the injuries or losses you've suffered as a result of the discrimination, and the amount of monetary damages or other relief sufficient to cover those injuries and losses.
Step 10: You can file your complaint.
The clerk of the court will hear your lawsuit if you file your complaint there.You can file your complaint electronically in federal court.If you want to file a lawsuit in federal court for a violation of the ADA, this is the way your attorney will file it.$400 is the filing fee for a complaint in federal court.Your attorney will deduct the fee from the total of your award or settlement.The clerk will assign the case to the judge when the complaint is filed.All documents filed with the court in your case will use this number.
Step 11: Have your employer serve you.
You have 120 days to deliver a copy of your complaint to your employer.The complaint and summons are delivered by the U.S. in federal court.A marshal files a proof of service document with the court.The duties in state courts are performed by a sheriff's deputy.
Step 12: Receive your employer's response.
After your employer is served with your complaint, he or she has 21 days to respond.Your employer will usually deny most or all of your allegations in his or her answer.Your employer may file a motion to dismiss if they don't get an answer.Your attorney will discuss a response to that motion with you if this happens.You must appear in court to argue why your case should not be dismissed.If the deadline passes and your employer doesn't respond to the court, you can file a motion for default.It's unlikely that your lawsuit will be ignored if your employer hasn't cooperated up to this point.
Step 13: Take part in discovery.
The discovery process can help you prepare your case and give you insight into your employer's defense.Interrogatories, requests for admission, and requests of production are included in written discovery.The first two questions are written and the other party gives written answers under oath.Requests for production, on the other hand, ask the party to produce copies of documents or other evidence related to the lawsuit.You can request any company policies related to disability discrimination, personnel records, or written records detailing the company's response to your complaint.Depositions can be very important in a disability discrimination case.Depositions are live interviews where a person is put under oath and asked questions.A court reporter records both the questions and answers for future reference.Your attorney will question your employer and co-workers to find out what they knew about discrimination and what was done about it.
Step 14: Consider any offers.
From the moment your complaint is served until the day of trial, your employer may attempt to settle your case.After your attorney takes a deposition in which the person being deposed says things that could be damaging to your employer's defense, a settlement offer may be more likely.Whenever your employer makes a settlement offer, your attorney will let you know.He or she will tell you whether to accept or reject it, but you have the final say.Depending on the case, your attorney will give you an estimate of the time and money it will cost to go to trial.Even if it's for less than what you've asked in your complaint, these costs should factor into your decision whether to accept the settlement.Since your attorney is working under a contingency fee arrangement, if you accept a settlement offer he or she will take a percentage as well as the money to cover any costs that have accrued up to that point, such as filing fees or court reporter's fees for depositions.Your attorney will give you a check for the rest.
Step 15: Preliminary hearings and conferences should be attended.
As your case progresses, the court will hold hearings to assess the status of the litigation and decide motions filed by either party.Your presence may not be required at most of the hearings and conferences due to the fact that your attorney must attend every single one.The judge will usually schedule conferences through conference calls with the attorneys rather than in person at the courthouse.The conferences schedule deadlines for different phases of litigation and make sure the case is on track.If either you or your employer files a substantive motion, that is, one that relates directly to one of the allegations in your complaint or whether a piece of evidence may be admitted or a particular witness called, you may have to attend the hearing.
Step 16: Attempt mediation
Many courts require litigants to participate in mediation before a trial can be scheduled.Because of the amount of evidence you've gathered through the discovery process, you can expect mediation to go differently than it would with the EEOC.If the court requires mediation, you and your employer may be given a list of court-approved mediators to choose from.The judge assigned to your case will usually approve the settlement agreement written by the mediation team.If you and your employer can't reach a settlement during mediation, your attorney will work with you to develop a trial strategy and prepare for trial.