What is the ADA? The Americans with Disabilities Act is a Federal law that prohibits most employers from discriminating against a qualified person who has a disability. The EEOC enforces the employment parts of the ADA.
Title VII of the Civil Rights Act does not cover federal employees or independent contractors. However, federal employees are protected against discrimination by other federal anti-discrimination laws.
The ADA covers the same employees as Title VII but further requires employees to have, have a record or history of – or be perceived by the employer to have – a mental or physical impairment that substantially limits a major life activity (such as sleeping, eating, walking, etc.).
The chances of winning your discrimination case can vary dramatically depending on the particular circumstances you face. When a lot of evidence has accumulated against your employer, such as emails and history of discriminatory remarks in front of multiple witnesses, your chances of winning a lawsuit are higher.
If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
1. Quick and Low-Stress. In our experience, most employers and employees prefer to settle discrimination cases out of court instead of going to trial. This is because settlement negotiations are usually faster and less stressful than litigation.
Report workplace discrimination Report discrimination to the EEOC. Use the EEOC's public portal to follow the complaint process. Submit an online inquiry. Schedule an interview with someone from the EEOC.