Friday, January 14, 2011

Steps in Filing ADA Claims


People with disabilities, whether physical or mental, are entitled to the same rights as those who have no impairment. The Americans with Disabilities Act (ADA) of 1990 helped them to enjoy that. This federal law also protected them from any form of discrimination that they may experience because of their condition. 

The three titles of the ADA correspond to the three social aspects that every person has a right to, and the violations may fall under one or more of these titles. Title I covers employment, II is for state and local government and public transportation, and III covers public access. For people with disabilities who may have experienced a violation of the ADA, these steps would help report the offender to the correct authorities. 

  • Review and understand the provisions of the ADA in order to determine whether a violation did occur or not. Visit the ADA website or contact a legal counsel to know the terms of the law.
  • Try to recall as many details as possible about the violation, especially the “when, why, who, what, where, and how.” Write those down so it could not easily be forgotten.
  • For more information about the law and how to complain, contact the ADA Information Line and ask a lot of questions regarding the problem. They can help the disabled file the complaint or give more information about the law that concerns the alleged violation.
  • File the violation complaint the US Equal Employment Opportunity Commission (EEOC) by calling a local office. Complaints may also be done by filling out a violation form found on the ADA website, or the Department of Justice (DOJ) may also send it through mail by request.
  • Complaints may also be brought to the DOJ or the Federal Transit Authority (FTA). DOJ covers violations of state or local governments and public access, while FTA handles public transportation.
  • The EEOC will send the complainant the “right to sue” letter after reviewing the complaint.
  • Seek legal advice, preferably with California Americans with Disabilities Act claim lawyers. They can help the disabled in surviving the process of complaint and litigation.
Remember to report the violation within 180 days from the time the incident occurred. It should also be noted that Titles II and III do not require the disabled to report violation with a federal agency first before taking civil action, or receive the letter of "right to sue."
For more information regarding the ADA and its claims process, ask the guidance of a Los Angeles employment attorney.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

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