Americans with Disabilities Act in Phoenix, Arizona: What Is It?
Discrimination against people in the workplace because of their disabilities is alive and well. According to the US Courts official website, the number of cases and claims involving the ADA has been on the rise. The EEOC’s website shows that they received over 22,000 claims in 2021. What is the Americans With Disabilities Act? What does it do for people with disabilities? Does Arizona law also protect you? How can an attorney who focuses on the ADA help an employer or an employee?
If you’re an employer or employee with questions about the Americans with Disabilities Act (ADA), schedule a free consultation with The Foster Law Group after reading this page. We focus on the applicability of federal and state law in these matters for both employers and employees.
What Is the Americans with Disabilities Act?
The Americans with Disabilities Act is a federal civil rights law that prohibits discrimination against people in all areas of life. This includes employment, education, transportation, and both public and private venues that are open to the general public.
What Does the American with Disabilities Act Do?
The ADA has several sections, known as titles, that provide protections in various areas:
- Title I: This section outlines how people with disabilities are protected from discrimination when applying for employment or working. It requires that an employer have 15 or more employees. It requires those employers to not discriminate against individuals with a disability during the hiring, working, promoting, or firing processes. It also requires employers to provide reasonable accommodations to individuals with a known physical or mental limitation unless it creates an undue hardship on the employer.
- Title II: This section covers state and local government, regardless of the government’s size or whether they receive federal funds. It provides that people with disabilities receive an equal opportunity to benefit from all public programs, services, and activities. Examples include town meetings, voting, and access to public education, among others. They must also specific building standards when constructing or altering their buildings unless it results in an undue financial or administrative burden. They must also make reasonable changes to policies, practices, and procedures to avoid discrimination.
- Title III: This section applies to public accommodations. This includes, but is not limited to, businesses, nonprofits, and entities that provide certain types of services and exams. It also covers privately owned transportation businesses and commercial locations. They must comply with the basic nondiscrimination policies that outlaw exclusion, segregation, and unequal treatment. They must follow specific requirements when building or renovating, too, as long as it doesn’t cause undue financial hardship.
- Title IV: This section applies to telecommunications relay services, which means television and telephone access for people with disabilities. There are minimum standards set by the FCC for these services to follow. They must also follow the Telecommunications Act.
There are additional sections that cover housing, voting, and other necessary matters. If you have a physical or mental disability and you believe that you may have been discriminated against or if you’re an employer looking to ensure that you comply with the ADA, schedule a free consultation with The Foster Law Group.
Does State Law Protect You If You Have a Disability?
The Arizona Civil Rights Act provides protection for individuals with disabilities as well. It prohibits discrimination against individuals with disabilities. This includes protection against employment discrimination.
What Does a Lawyer Who Focuses on the ADA Act Do?
A lawyer who focuses on the ADA has several important roles. They may work with individuals or with businesses. For an individual, they can help determine if there is a likely claim as well as help file the claim with the proper outlets. They can also represent the individual during a federal or state investigation that arises from the claim, help during settlement, and represent the individual in court if a right to sue letter is issued. Working with individuals who have disabilities is crucial because federal and state law apply. There are also specific deadlines for filing claims that must be adhered to in order for the claim to be considered.
For employers and other businesses, a lawyer can help in several ways. They can start by ensuring that your facility and practices adhere to both federal or state law. If there is an undue hardship, an attorney can help you with the proper steps that must be taken to prove this. A lawyer can represent you if a claim is filed against you, advise you during the investigation process, assist you with settling, or represent you in court if a right to sue letter is issued.
Schedule a Free Consult: The Foster Group – Phoenix
It’s usually not just the ADA involved when someone makes a claim. So, hiring the right attorney to help you is crucial. Whether you’re an individual or a business, The Foster Law Group is here to help you. Schedule your free consultation now.