This form is a Complaint. The complaint provides that the plaintiff was an employee of defendant and that the plaintiff seeks certain special and compensatory damages under the Family Leave Act, the Americans with Disability Act, and Title VII of the Civil Rights Act of 1964.
Employment Discrimination For Ada In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000267
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Word;
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FAQ
The ADA prohibits discrimination based on disability. Under the ADA, it is illegal to discriminate against someone because of their disability. For example, a fitness center could not exclude a person who uses a wheelchair from a workout class because they cannot do all of the exercises in the same way.
It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business.
The ADA only prohibits discrimination on the basis of disability. It makes it unlawful to refuse to hire a qualified applicant with a disability because he is disabled or because a reasonable accommodation is required to make it possible for this person to perform essential job functions.
For instance: deafness substantially limits hearing; blindness substantially limits seeing; intellectual disability, autism, traumatic brain injury, and major mental illness substantially limit brain function; mobility impairments that require the use of a wheelchair or partially or completely missing limbs ...
It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business.
I see why there is some confusion. Technically, before you can sue in civil court for an ADA violation, you must first file a complaint with the EEOC. You can immediately request a right to sue letter, or you can wait for EEOC to investigate, which can take up to 18 months. So that's the law suit avenue.
Under the Act, a plaintiff is required to present evidence that he or she (1) suffers from a disability, (2) is a qualified individual, and (3) was subjected to an adverse employment action because of the disability.