Americans with Disabilities Act (“ADA”)
Living with a disability is a challenge most able-bodied individuals will never understand. The seemingly simple act of entering a building, eating at a restaurant, using a bathroom, or accessing an ATM, while usually
taken for granted, may be insurmountable to a disabled person. This is one of the reasons why we strive to make the ostensibly impossible, possible. FDA and its lawyers know the complexities and intricacies of federal and state laws protecting disabled persons. For example, Title III of the ADA “prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by [the ADA].” Applying the ADA and the regulations implementing it, FDA is able to provide plaintiffs with the solace and hope that a noncompliant party will fix its property and policies so that a disabled person will enjoy the full and equal enjoyment that other non-disabled individuals enjoy.
Under the ADA, you have a disability if you have at least one of the following:
- a physical or mental impairment that “substantially limits” one or more “major life activities”;
- a record of such an impairment; or
- you are regarded as having such an impairment.
Examples of conditions that are impairments: Blindness or other visual impairments; Cancer; Cerebral palsy; Depression; Diabetes, Epilepsy; Hearing or speech impairments; Heart Disease; Multiple sclerosis; Orthopedic impairments; Muscular dystrophy; Paralysis; complications from Pregnancy; Thyroid gland disorders; loss of body parts. AIDS, and its symptoms. *** This list is not exhaustive.
If you feel you have been discriminated against at your workplace because of your disability, feel that you faced difficulties accessing the facilities on a property, or not sure if your condition meets the criteria of a disability under the ADA, please give us a call.