Search

The Americans With Disability Act (The "ADA")

I have been asked by you, my subscribers, to write an in-depth article on this topic due to legal problems they’re experiencing. I have researched this information for the state of Arizona only. However, other states must comply with this federal law, so subscribers in other states will be able to identify their state-specific offices by simply typing into their search engines, “local ADA offices.”


What is the ADA Law?

"The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life.


In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made a number of significant changes to the definition of “disability.” The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees); Title II (programs and activities of state and local government entities); and Title III (private entities that are considered places of public accommodation)."

Source: click here.

INTERNET ACCESS

When the Americans with Disabilities Act (ADA) was enacted in 1990, the Internet as we know it today did not exist. Now, Americans use the Internet in their daily personal, professional, civic, and business lives. Increasingly, businesses and educational institutions are providing goods and services to the public through websites, including offering degree programs online. Similarly, many state and local governments are using websites to provide the public access to their programs, services, and activities.


LEGAL ACTION / COMPLAINTS

FREE (in Arizona)

There are free nonprofit (more than likely in your state as well if outside AZ), as well as for-profit, attorneys to help. For additional information, please visit: https://www.azdisabilitylaw.org

https://clsaz.org/about-us/

https://www.maricopa.gov/4714/Americans-with-Disabilities-Act

GENERAL RESOURCES:

https://adata.org/learn-about-ada

https://www.maricopa.gov/4714/Americans-with-Disabilities-Act

PARKING VIOLATIONS:

https://accessibleparkingcoalition.org/advocates/

ADDITIONAL RESOURCE:

http://disabilityrights-law.org/additional_assistance

FOR-PROFIT LEGAL RESOURCES:

If you have a serious complaint and the funds to proceed with a lawsuit, the following are a few law firms that specialize in ADA Compliance:

https://www.jmbm.com/ada-representation.html

https://www.pryorcashman.com/ada-defense-consulting

https://www.karlinlaw.com/ada-accessibility-law/

Before engaging an attorney, please read my Final Notes! below regarding “Lawsuit vs EEOC Complaint.”

FINAL NOTES!

HEALTHCARE:

As I’m sure you’ve experienced, there are a number of deficiencies in current healthcare programs regarding stroke recovery. Thus, since we have a new administration who cares about quality, affordable healthcare, I plan to contact our two AZ Senators to petition them to address the deficiencies of which I’ve experienced; namely, the lack of coverage for the number of assistive devices required for our safety and recovery that can cost $10,000 or more, as well as their restrictions on the number of therapy sessions we’re allowed. What I plan to emphasize is the fact that our recovery period involves a LIFETIME vs 6-8 weeks to recover from a surgical procedure, etc.


<< Thus, if you have specific issues you’d like me to address when I contact them, please add your thoughts in the Comment section below! >>

INTERNET vs CALLING ADA OFFICES: I’ve called our local ADA offices and learned it’s much more effective to complete the online grievance forms, because they currently don’t have a designated person to answer questions. I’m not sure if that’s due to COVID-19 staffing restrictions or not.

LAWSUIT vs EEOC Complaint: My prior career was as a Human Resources professional. I want to share some money-saving information. If your ADA complaint is regarding an employment matter, file a complaint with your local EEOC Office, rather than calling an expensive for-profit or a free nonprofit attorney.


Reason being:

a) It’s a FREE service provided by our government, where they will thoroughly investigate your claim; and,

b) Once the sometimes-lengthy investigation is complete, the investigator assigned to your case will tell you whether you have a case or not! Thus, it will not only enhance your lawsuit; but it will save you the money an attorney would charge to investigate your claim (called Discovery), which the EEOC has already done for you FOR FREE! All your lawyer would do is subpoena the EEOC records!

LASTLY, HOW TO FILE A COMPLAINT:

https://www.ada.gov/filing_complaint.htm


That’s all for now everyone! Hope this helps. If you have any valuable information or an experience to share, tell us in the comment section below!


Have a wonderful day,

Maureen

181 views