How to File an ADA Complaint | Mann & Elias
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How to File an ADA Complaint

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For 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. More and more people who have disabilities no longer choose to sit back and let the discrimination take place. Instead, they decide to file an ADA complaint. If you are prepared to do so, schedule a meeting with an employment attorney in 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 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 it by mail or fax. Whichever method you choose, your attorney can help you with the process.

Information Needed in the Complaint

Before filing your complaint with the Disability Rights Section of the Department of Justice, your attorney will look over your complaint to ensure it contains all necessary information. It should include:

  • Your name
  • Address
  • Phone number
  • Name of the party that has allegedly discriminated against you
  • Description of the discrimination that took place (dates, times, names of people, etc.)
  •  Copies of relevant documents
  • The best way to communicate with you should special accommodations, such as Braille, large print, sign language, or other methods be needed.

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 videophone to assist you if sign language is required. Should you require such assistance, allow your discrimination lawyer for the office to help you make such arrangements.

After the Complaint is Received

Once the Department of Justice receives your complaint, your case might get prolonged or resolved much faster than anticipated. If your claim is complex, officials 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 investigation or consider pursuing litigation. Regardless of which actions get taken, never agree to anything without first consulting with your 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 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, it can take up to three months for your case to be examined and a determination to 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. 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. Remember that you can always have your employment attorney present during all mediation sessions if you agree to this.

Investigating the Complaint

If your complaint is deemed 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, they are protecting the entire institution. Because of this, you should always retain the services of a knowledgeable workplace discrimination lawyer in LA to make sure your rights are always protected.

Gaining Compensation

In many cases where disability discrimination is alleged, those accused of doing so rarely want this type of bad publicity. It never goes well when a business, government agency, school, another facility, or organization gets labeled as discriminatory. As a result, they are often willing to negotiate 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 lawyer can negotiate a settlement, including 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 getting discriminated against due to your disability, it is time to hold those responsible accountable for their actions. To get started, you should schedule a consultation with a Los Angeles labor attorney at Mann Elias who will listen to you and fight hard to win your case.

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