Employee's
Damages for Discrimination Under the ADA
If
an employer unlawfully discriminates against a disabled
worker and is found liable, the employee may be entitled
to specific types of compensation under the Americans
with Disabilities Act (ADA).
The
ADA makes it unlawful to discriminate in employment against
a qualified individual with a disability. The ADA also outlaws
discrimination against individuals with disabilities in
State and local government services, public accommodations,
transportation and telecommunications.
If
you think you have been discriminated against in employment
on the basis of disability after July 26, 1992, you should
contact the U.S. Equal Employment
Opportunity Commission. A charge of discrimination generally
must be filed within 180 days of the alleged discrimination.
You may have up to 300 days to file a charge if there is
a State or local law that provides relief for discrimination
on the basis of disability. However, to protect your rights,
it is best to contact EEOC
promptly if discrimination is suspected.
You
may file a charge of discrimination on the basis of disability
by contacting any EEOC
field office, located in cities throughout the United States.
If you have been discriminated against, you are entitled
to a remedy that will place you in the position you would
have been in if the discrimination had never occurred. You
may be entitled to hiring, promotion, reinstatement, back
pay, or reasonable accommodation, including reassignment.
You may also be entitled to attorneys fees.
While
the EEOC can only process
ADA charges based on actions occurring on or after July
26, 1992, you may already be protected by State or local
laws or by other current federal laws. EEOC
field offices can refer you to the agencies that enforce
those laws.
To visit U.S. Department of Labor website, click
here.
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