August 18, 2023

How to File a Lawsuit following an ADA Violation

If you believe your rights under the Americans with Disabilities Act (ADA) have been violated, you may have grounds to file a lawsuit in New York. The ADA is a federal law designed to protect the rights of individuals with physical and mental impairments.

This law prohibits discrimination against people with disabilities in various aspects of life, including employment, transportation, public services, and public accommodations. Understanding your rights as the ADA specifies is vital before taking any legal action.

If you want to file an ADA lawsuit for violations in New York, it is important to consult with an attorney to determine if you have a valid claim. This can also help you understand your rights and possible legal options.

Workplace ADA Violations

This refers to discriminatory actions by the employer that infringe upon the rights of individuals with disabilities in the workplace. The Americans with Disabilities Act requires public and private employers to provide reasonable accommodations to enable employees with disabilities to perform their job duties effectively.

If an employer fails to provide these accommodations to qualified individuals with disabilities, it can result in an ADA violation. Some examples of employment-based ADA violations in New York include:

  • Discrimination in hiring and firing: Employers must not discriminate against individuals with disabilities during hiring and firing processes. Instead, decisions should be made based on a person’s qualifications and abilities.
  • Workplace harassment based on disability: The ADA protects employees with disabilities against physical and verbal harassment at the workplace. Every employer is required to create a work environment that is safe and free from harassment based on a person’s disability.
  • Failure to provide reasonable accommodations: Every public and private company in New York is obligated to provide reasonable accommodations to employees with disabilities, such as:
  • Modifying work schedules
  • Providing assistive technology
  • Making physical adjustments to the workplace
  • Modified job duties
  • Policy Modifications

Hiring a Skilled ADA Lawyer

Hiring a skilled ADA lawyer can be highly beneficial if you think your rights under the ADA have been infringed. ADA lawyers specialize in disability rights law and can evaluate your situation to determine your legal options.

They are well-versed in the intricacies of disability rights and can provide accurate guidance on how the ADA applies to your situation.

I Filed An ADA Lawsuit, What Next?

After filing an ADA lawsuit in New York, an ADA External Compliance Coordinator will review your claim within fourteen days and set up a meeting with you and your lawyer. The purpose of this meeting is to discuss possible resolutions.

Contact a New York ADA Lawyer Today

If your rights have been violated under the ADA, we can help you navigate the processes of filing an ADA lawsuit at Mizrahi Kroub LLP. Call (212) 595-6200 or contact us online to schedule a free consultation with one of our ADA attorneys and learn more about our legal services.

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