Disability discrimination in civil litigation refers to a legal dispute where a person with a disability claims they were treated unfairly, denied equal opportunities, or harassed due to their disability, in violation of federal or state laws.

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Legal Framework:
Key laws that protect individuals from disability discrimination include:

• Americans with Disabilities Act (ADA) of 1990: Prohibits discrimination against qualified individuals with disabilities in employment (Title I), public services (Title II), and public accommodations (Title III).

• Section 504 of the Rehabilitation Act of 1973: Applies to entities receiving federal financial assistance.

• State Laws: Many states have their own anti-discrimination statutes that may offer broader protections.

 

 

Common Civil Litigation Scenarios:

• Employment discrimination: Failure to hire, wrongful termination, or denial of reasonable accommodations.

• Housing discrimination: Landlord refusal to rent or failure to make reasonable modifications.

• Public access discrimination: Denial of access to services, facilities, or programs.

• Educational discrimination: Schools or universities failing to provide accommodations or equal access.

 

 

Legal Process:

• Filing a Complaint: Usually begins with filing a complaint with an administrative agency (e.g., EEOC or state fair employment agency).

• Investigation and Mediation: The agency investigates and may offer mediation.

• Right-to-Sue Letter: If unresolved, the complainant receives authorization to file a lawsuit in federal or state court.

• Civil Trial: The case proceeds through discovery, motions, settlement discussions, and possibly a trial.

 

 

Remedies and Damages:
Courts may award:

• Back pay or lost wages

• Reinstatement or promotion

• Compensatory damages for emotional distress

• Punitive damages (in certain cases)

• Attorney’s fees and court costs

• Injunctive relief (requiring changes in policies or practices)

 

 

Burden of Proof:
The plaintiff must generally prove:

1. They have a qualifying disability.

2. They were qualified to perform the essential functions of the position or entitled to the benefit/service.

3. They suffered adverse treatment due to the disability.

 

 

Example:
A qualified employee with multiple sclerosis requests a modified work schedule as a reasonable accommodation. The employer denies it and later terminates the employee. If the employer cannot show an undue hardship, the employee may file a civil lawsuit alleging disability discrimination under the ADA.

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