Claims Under the Americans with Disabilities Act
Signed into law in 1990 and significantly updated in 2008, the Americans with Disabilities Act (ADA) protects individuals with disabilities against discrimination in a wide variety of areas, including employment, state and local government services, and public access to retail businesses, hotels, restaurants, movie theaters and other public accommodations and commercial facilities. The attorneys at Upton Law Firm represent individuals in Connecticut who have been discriminated against on the basis of a real or perceived disability. We help ensure that all individuals have the ability to work and access services to the same extent as everyone else.
ADA Employment Disability Discrimination
Under Title I of the ADA, it is illegal to discriminate against or harass someone on the basis of a disability. A person with a disability under the ADA is someone with a physical or mental impairment that substantially limits them in the performance of one or major life activities, or someone with a history of a disability or simply someone who is regarded as having a disability, whether they actually do or not. Employment discrimination could occur at any step in the employment process, including applications, interviews and hiring; discipline or termination; job assignments; transfers and promotions, etc.
Proving an employment discrimination claim requires many steps. For instance, the law only protects a “qualified individual with a disability,” which is someone who meets the definition of disability above and who can perform the essential functions of the job with or without reasonable accommodation. An employer accused of discrimination has many ways to attack the different elements included in these definitions, and in some cases can refuse to accommodate an employee if the employer can show it would cause an undue hardship on the business.
Disability Discrimination Claims Process in Connecticut
A person with a potential ADA claim cannot go straight to court and sue an employer but must first file an administrative complaint with either the Equal Employment Opportunity Commission (EEOC) or the Commission on Human Rights and Opportunities (CHRO). Only after the agency fails to resolve the complaint or chooses not to pursue it may you then file a lawsuit in court. The time frame to file the administrative complaint is very short – only 180 days to file with CHRO or 300 days with the EEOC – and failure to file a timely complaint can be disastrous to your case. These time limits are much shorter than other civil claims, such as personal injury claims, so make sure you hire a law firm that is knowledgeable and experienced in a wide variety of claims and will not make a mistake in filing your claim.
Experienced Connecticut Legal Counsel for Your Disability Claim
In Connecticut, contact The Upton Law Firm for a free consultation regarding your claim under the Americans with Disabilities Act. We maintain offices in New Britain (860-893-0558) and Milford (203-877-4141) and serve clients statewide.