How to File an ADA Complaint | Mann & Elias

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For people who are perfectly healthy, they take it for granted when walking into a store or going to work each day. However, for those individuals who suffer from physical or other disabilities, there can be times when employers or others fail to provide proper accommodations for them and their disabilities. When this happens, it is often the result of disability discrimination, which is illegal under the federal Americans with Disabilities Act. For more and more people who have disabilities, they no longer choose to sit back and let the discrimination take place. Instead, they choose to file an ADA complaint. If you are prepared to do so, schedule a meeting with an employment attorney Los Angeles to learn how the process works and what you can expect once your complaint is submitted.

Filing Your Complaint


If you wonder how to file an ADA complaint when you believe discrimination has occurred, your Los Angeles disability discrimination attorney will advise you of various options. Like many people, you can file your complaint online to the Department of Justice. But if you prefer, you can also send in a complaint by mail or fax. Whichever method you choose, your attorney can help you with the process.

Information Needed in the Complaint


Prior to filing your complaint with the Disability Rights Section of the Department of Justice, your employment attorney for disability discrimination will look over your complaint to make sure it contains all necessary information. This will be such things as your name, address, and phone number, the name of the party that has allegedly discriminated against you, a description of the discrimination that took place (dates, times, names of people, etc.), copies of relevant documents, and the best way to communicate with you should special methods need to be used, such as Braille, large print, sign language, or other methods.

Assistance with Preparing Your Complaint


If you require special assistance when completing your ADA complaint, you can request this through the Department of Justice. Depending on your needs, the Department can scribe your complaint by phone or use videophone to assist you if sign language is required. Should you require such assistance, allow your disability discrimination lawyer for the workplace to help you make such arrangements.

After the Complaint is Received


Once your complaint is received by the Department of Justice, various actions may result that could either prolong your case or possibly help get it resolved much faster than anticipated. If your case is very complex, the Justice Department may contact you to request additional documents, refer your complaint to other agencies or the U.S. Attorney's Office, or decide to initiate its own investigation or consider pursuing litigation. Regardless of which actions are ultimately taken, never agree to anything without first consulting with your Los Angeles workplace lawyer.

Determining the Status of Your Complaint


Since the Department of Justice gets a tremendous number of ADA complaints each year, it may take a long period of time before you hear back from investigators. However, if you want to determine the status of your complaint, you can do so by calling the ADA Information Line at 800-514-0301. In most cases when a complaint is received by the Department, it can take up to three months for it to be examined and a determination be made as to how it should proceed. Should you need assistance determining your complaint's status or advice as to which legal options would be best for your case, meet with your Los Angeles disability discrimination attorney as soon as possible.

ADA Mediation Program


In many instances where discrimination is alleged to have taken place, the Department of Justice may refer your complaint to the ADA Mediation Program. This program, using professional mediators specifically trained in the ADA, can be used when complaints involve possible changes that may need to be made to policies and procedures within a workplace or other setting. If you and the other party agree to mediation, it is a confidential process that will give you far more privacy and control over what decisions are ultimately made about your case. If you agree to this, remember that you are always allowed to have your employment attorney for disability discrimination present during all mediation sessions.

Investigating the Complaint


If your complaint is deemed to be credible and serious enough, the Department of Justice may choose to open a formal investigation into the matter. Should this happen, you will be contacted by a government investigator or attorney for additional information. However, don't take this to mean the Justice Department attorney is representing you specifically. Instead, the attorney is representing the United States, and will do so should a lawsuit be filed by the Department of Justice. Because of this, you should always retain the services of a knowledgeable disability discrimination lawyer for the workplace to make sure your rights are always protected.

Gaining Compensation


In many cases where disability discrimination is alleged, those being accused of doing so rarely want this type of bad publicity. Whether it is a business, government agency, school, or other facility or organization, being labeled as a place that discriminates against those with disabilities never goes over very well. As a result, they are often willing to enter into negotiations for a settlement, rather than let the case make it to a courtroom. If you have substantial amounts of evidence on your side, there is a good chance your Los Angeles workplace lawyer can negotiate a settlement that will include the financial compensation you need and deserve.

Though you may have a disability, this does not give others the right to discriminate against you in any way. If you believe you are being discriminated against due to your disability, it is time to hold those who are responsible accountable for their actions. To get started, you should schedule a consultation with a Los Angeles disability discrimination attorney at Mann Elias who will listen to you and fight hard to win your case.

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