Americans with Disabilities Act (ADA)

---

A disability discrimination claim is when someone says their employer treated them unfairly because of a disability. The ADA makes it illegal for employers to discriminate against qualified people with disabilities in things like hiring, firing, promotions, pay, training, or other job conditions. 

Here are the main types of claims, with simple examples:

• Direct Discrimination: This happens when an employer makes decisions based on a person's disability instead of their ability to do a job. Example: A company refuses to hire someone who uses a wheelchair, even though they can do the office work just fine, because they worry about "extra costs" for ramps.
• Failure to Provide Reasonable Accommodations: Employers must make fair adjustments to help a person with a disability to do their job, as long as it doesn't cause major problems for the business. Example: An employee with diabetes asks for short breaks to check blood sugar, but the boss says no without a good reason, making it hard for the employee to stay healthy and work. 
• Harassment: This is when someone creates a mean or uncomfortable work environment because of a disability, like repeated teasing or bullying that is bad enough to affect the job. Example: Coworkers make fun of an employee's stutter every day, and the boss doesn't stop it, making the employee dread coming to work.
• Retaliation: Employers can't punish someone for asking for help, complaining about discrimination, or standing up against unfair treatment. Example: After an employee files a complaint about not getting a needed software for their vision impairment, the boss demotes them. 
• Unfair Medical Questions or Tests: Employers can't ask about disabilities before offering a job (except in special cases like voluntary programs to hire more people with disabilities). After a job offer, any medical checks must be related to the job. Example: During an interview, a boss asks if a candidate has any mental health issues, which scares them off from the job. 

If successful, a claim can lead to fixes like getting your job back, back pay (money you lost), money for emotional harm, changes to the workplace, and coverage of legal costs. There are limits on some money awards based on the employer's size. 

• Employees or Job Applicants: The ADA protects "qualified individuals with disabilities." This means you have a disability but can still do the main parts of the job, with or without simple changes. A disability is:
  • A physical or mental condition that greatly limits everyday activities like walking, seeing, hearing, thinking, or working. It also includes body functions like digestion or the immune system.
  • A history of such a condition (even if it's better now). 
  • Being treated as if you have one (even if you don't). Conditions that come and go (like epilepsy) or are under control (like cancer in remission) still count if they're limiting when active.
• Employers: The law applies to businesses with 15 or more employees, including private companies, state and local governments, job agencies, and unions. It doesn't cover very small businesses (under 15 employees), independent workers (not employees), or some religious groups. Employers don't have to make changes if it would cause disruption or high costs.

To win a claim, you generally need to show these key parts (though it can vary by type of claim):

1. You Have a Disability: Prove your condition meets the definition above. It doesn't have to be permanent or visible. 
2. You Are Qualified for the Job: Show you have the skills, education, or experience needed, and can handle the main job duties (with reasonable changes if needed). 
3. Discrimination Happened Because of Your Disability: Link the unfair treatment directly to your disability. For example:
   1. You were fired, not promoted, or paid less due to your condition. 
   2. Your request for a simple change was denied without a good reason (like it being too expensive for a big company). 
   3. You faced harassment or punishment for speaking up.
4. No Good Defense for the Employer: The employer might say the action wasn't about your disability, or that a change would be too hard. You need to show that's not true. 

For harassment claims, show the behavior was severe or ongoing and based on your disability. For retaliation, prove you did something protected (like asking for help) and then faced negative actions. 

If you think you've been discriminated against, act quickly because there are time limits. Here's the step-by-step process:

1. File a Complaint (Called a "Charge"): 

• You must start by telling the government agency about it. Go to the Equal Employment Opportunity Commission (EEOC), which handles ADA claims, or the Utah Labor Commission which handles disability claims under Utah law. 
• Time Limit: You have 180 days from the unfair act to file. In some state (like if there's a local agency), it extends to 300 days. (Note: In Utah, you can file with the state agency within 180 days or EEOC within 300 days).
• Filing is free and can be done online, by mail, or in person at an EEOC office.

2. EEOC Review: 

• The EEOC looks into your complaint. They might ask for more info, talk to your employer, or try to settle the issue. 
• This can take months. If they find discrimination, they might sue the employer or help you settle.

3. Get Permission to Sue:

• If the EEOC or UALD doesn't resolve your complaint, they'll give you a "right-to-sue" letter (usually 180 days). 
• Then, you have 90 days to file a lawsuit in federal court. 

4. Go to Court (If Needed):

• The court will hear both sides and decide.
• Many claims settle before trial to avoid costs.

It's smart to keep records from the start and talk to a lawyer or disability rights group for advice. 

Gather as much proof as you can to back up your story. Here's what often helps:

• Proof of Your Disability: Doctor's notes, medical records, or test results showing your condition and how it affects you. (You don't need to share everything—just enough to prove it qualifies).
• Job-Related Documents: Your resume, job description, performance reviews, or emails showing you're qualified and any issues were about your disability.
• Records of What Happened: Emails, memos, or notes about requests for changes, denials, harassment incidents, or retaliation. Save dates, times, and who was involved.
• Witness Statements: Notes from coworkers who saw the unfair treatment or heard comments about your disability.
• Company Policies: Copies of the employer's rules on accommodations or discrimination to show they broke them.
• Financial Records: Pay stubs or bills if you're claiming lost money.

Strong evidence makes your case clearer and harder to dispute. If you're unsure, organizations like the EEOC or disability advocacy groups can guide you on what to collect.