Preventing Disability Discrimination: Understanding the Harms Addressed by the ADA

The Americans with Disabilities Act (ADA) was signed into law in 1990 to provide protections for individuals with disabilities in various areas of life. The ADA prohibits disability discrimination against individuals with disabilities in employment, public accommodations, transportation, telecommunications, and government services. The act aims to prevent several harms that individuals with disabilities commonly experience.

1. Inaccessible Facilities and Services

One of the primary harms that the ADA seeks to prevent is the lack of access to facilities and services that are essential to daily living. Inaccessible buildings, transportation systems, and communication technologies can prevent individuals with disabilities from participating fully in society. The ADA requires that public facilities and services are accessible to individuals with disabilities, ensuring that they have the same opportunities to participate in society as those without disabilities.

2. Employment Discrimination

The ADA also seeks to prevent disability discrimination against individuals with disabilities in the workplace. Prior to the ADA, many individuals with disabilities were not able to find employment, or were limited in the type of work they could do due to discriminatory practices. The ADA prohibits employment-based disability discrimination and requires employers to provide reasonable accommodations for employees with disabilities, such as modified work schedules or assistive technology.

3. Lack of Access to Education

The ADA seeks to ensure that individuals with disabilities have access to education and educational services. Prior to the ADA, individuals with disabilities were often excluded from educational opportunities or provided with inadequate accommodations. The ADA requires schools and universities to provide accommodations and services to students with disabilities, ensuring that they have access to the same education opportunities as their peers without disabilities.

4. Segregation and Isolation

Individuals with disabilities have historically been segregated and isolated from society due to discriminatory attitudes and practices. The ADA seeks to prevent this harm by requiring that individuals with disabilities are integrated into society to the fullest extent possible. This includes providing accessible public transportation, allowing individuals with disabilities to live in the community rather than in institutional settings, and providing equal access to public accommodations such as restaurants and theaters.

5. Stigma and Stereotyping

Individuals with disabilities have long been subjected to stigma and negative stereotypes. This can prevent them from fully participating in society and can lead to discrimination in various areas of life. The ADA seeks to prevent this harm by promoting positive attitudes towards individuals with disabilities and prohibiting discrimination based on stereotypes and assumptions.

Disability discrimination in the workplace is prohibited by law. Individuals with disabilities have the right to be free from discrimination in the workplace. Under federal law, employers cannot discriminate against employees or prospective employees on the basis of their disability. This means that employers must make reasonable accommodations to enable individuals with disabilities to perform their job duties and enjoy the same opportunities as other employees.

Examples of reasonable accommodations include modifying work schedules, providing assistive technology, making physical changes to the workplace, and restructuring job responsibilities. Employers must also ensure that their hiring and promotion practices do not discriminate against individuals with disabilities.

• Title I of the Americans with Disabilities Act prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. An individual with a disability is a person who:
  • Has a physical or mental impairment that substantially limits one or more major life activities;
  • Has a record of such an impairment; or
  • Is regarded as having such an impairment.

  A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

  • Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
  • Job restructuring, modifying work schedules, reassignment to a vacant position;
  • Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

  An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.

  An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

   

• Title I of the ADA also covers:
  • Medical Examinations and Inquiries
    Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs.
  • Drug and Alcohol Abuse
    Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA‘s restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

  It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.

Damages Available under the ADA

1. Compensatory Damages – These damages are intended to compensate an individual for the harm they suffered as a result of the discrimination. Compensatory damages may include things such as lost wages, medical expenses, and emotional distress.
2. Punitive Damages – In cases of intentional discrimination, punitive damages may be awarded to punish the wrongdoer and deter future discriminatory behavior. Punitive damages are not available in cases of unintentional discrimination.
3. Attorney’s Fees and Costs – If an individual prevails in an ADA discrimination lawsuit, they may be entitled to recover their attorney’s fees and costs associated with the lawsuit.
4. Injunctive Relief – Injunctive relief refers to a court order requiring the defendant to take specific actions to remedy the discrimination and prevent it from happening again in the future. This may include things such as implementing policies and procedures to prevent discrimination, providing training to employees, or making physical modifications to the workplace or public accommodations to ensure accessibility.
5. Reinstatement or Front Pay – In cases where an individual has been wrongfully terminated or not hired as a result of discrimination, they may be entitled to reinstatement or front pay. Reinstatement refers to being rehired by the employer, while front pay refers to compensation for lost wages and benefits that would have been earned if the individual had been employed.
6. Compensatory Damages for ADA Title III Violations – Title III of the ADA prohibits discrimination in public accommodations, such as restaurants, hotels, and retail stores. In cases of discrimination under Title III, compensatory damages may be awarded to individuals who have been harmed as a result of the discrimination.
7. Civil Penalties – In cases where there is a pattern or practice of discrimination, the Department of Justice may seek civil penalties against the defendant. Civil penalties are monetary fines that can be assessed against the defendant as a deterrent to future discriminatory behavior.

Illinois Human Rights Act: Prohibition on Disability Discrimination

The Illinois Human Rights Act (IHRA) is a state law that prohibits disability discrimination in employment, housing, public accommodations, and credit transactions on the basis of various protected categories, including disability. The IHRA provides important protections for individuals with disabilities in Illinois, ensuring that they are not subject to discrimination in various areas of life.

What is Disability Discrimination?

Disability discrimination occurs when an individual with a disability is treated unfairly or differently in a way that impacts their ability to fully participate in society. Discrimination can take many forms, including denial of employment, housing, or access to public accommodations, unequal treatment, harassment, or retaliation for asserting one’s rights.

Prohibitions on Disability Discrimination in the IHRA

The IHRA prohibits discrimination against individuals with disabilities in several areas of life, including employment, housing, public accommodations, and credit transactions.

Employment

Under the IHRA, it is illegal for employers to discriminate against individuals with disabilities in hiring, promotion, training, or other aspects of employment. Employers are required to provide reasonable accommodations to employees with disabilities to allow them to perform the essential functions of their job. Examples of reasonable accommodations may include modified work schedules, assistive technology, or modifications to the work environment.

Housing

The IHRA prohibits discrimination against individuals with disabilities in housing, including rental housing, sales of real estate, and financing of housing. Landlords and sellers cannot refuse to rent or sell to an individual with a disability or require them to pay higher rent or a larger deposit because of their disability. Additionally, landlords and sellers must make reasonable accommodations to allow individuals with disabilities to use and enjoy their housing, such as allowing service animals or installing wheelchair ramps.

Public Accommodations

The IHRA prohibits discrimination against individuals with disabilities in public accommodations, such as restaurants, hotels, and retail stores. Businesses must provide individuals with disabilities with equal access to their goods and services, and must make reasonable accommodations to ensure that individuals with disabilities can fully participate in their offerings.

Credit Transactions

The IHRA prohibits discrimination against individuals with disabilities in credit transactions, such as loans, credit cards, or mortgages. Lenders cannot refuse to provide credit to individuals with disabilities or require them to pay higher interest rates or fees because of their disability.

Remedies for Disability Discrimination under the IHRA

If an individual believes that they have been subjected to disability discrimination in violation of the IHRA, they can file a complaint with the Illinois Department of Human Rights (IDHR). The IDHR will investigate the complaint and may attempt to resolve the issue through mediation or other means. If the IDHR finds that discrimination has occurred, it may order the employer, landlord, or business to take corrective action and/or award damages to the individual who was discriminated against.

Additionally, individuals who have been subject to disability discrimination may also have the option to file a lawsuit in court. A successful lawsuit may result in the individual being awarded damages for the harm they suffered as a result of the discrimination.

Damages Available under the Illinois Human Rights Act

1. Compensatory Damages

   Compensatory damages are intended to compensate the victim of disability discrimination for the harm they suffered as a result of the discrimination. These damages can include economic losses, such as lost wages or benefits, as well as non-economic losses, such as emotional distress or damage to reputation. There is no cap on the amount of compensatory damages that can be awarded under the Illinois Human Rights Act.

2. Injunctive Relief

   Injunctive relief is a court order requiring the employer, landlord, or business to take certain actions to prevent future disability discrimination. This can include providing training to employees on disability discrimination, adopting policies and procedures to prevent discrimination, and providing reasonable accommodations to individuals with disabilities. Injunctive relief can be ordered in addition to, or in lieu of, monetary damages.

3. Attorney’s Fees and Costs

   Individuals who prevail in disability discrimination cases under the Illinois Human Rights Act may be entitled to recover their attorney’s fees and costs. This can include the cost of hiring an attorney, as well as other expenses related to the litigation, such as court filing fees or expert witness fees. The purpose of attorney’s fees and costs is to ensure that individuals with disabilities have access to legal representation and can effectively vindicate their rights.

Reasons to File a Complaint with the EEOC or Illinois Department of Human Rights for Disability Discrimination

1. Legal Protections

   Filing a complaint with the EEOC or Illinois Department of Human Rights can provide legal protections for victims of disability discrimination. These agencies are responsible for enforcing state and federal laws that prohibit discrimination on the basis of disability, and can take legal action against employers, landlords, or businesses that engage in discriminatory practices. By filing a complaint, you can assert your rights and obtain legal protection against future discrimination.

2. Compensation

   If you have been the victim of disability discrimination, filing a complaint with the EEOC or Illinois Department of Human Rights can allow you to seek compensation for the harm you have suffered. This can include lost wages or benefits, as well as non-economic losses such as emotional distress or damage to reputation. By pursuing a complaint, you can obtain the compensation you deserve for the harm caused by the discrimination.

3. Accountability

   Filing a complaint can hold employers, landlords, or businesses accountable for their discriminatory actions. By pursuing a complaint, you can send a message that disability discrimination is unacceptable and will not be tolerated. This can help to prevent future discrimination and promote a culture of inclusion and respect.

4. Access to Legal Remedies

   Filing a complaint with the EEOC or Illinois Department of Human Rights can provide victims of disability discrimination with access to legal remedies. These agencies can investigate claims of discrimination and may take legal action against employers, landlords, or businesses that violate anti-discrimination laws. In addition, victims of disability discrimination may be able to file a lawsuit in court to seek damages for the harm they have suffered. By filing a complaint, you can access the legal remedies available to you and seek justice for the discrimination you have experienced.

5. Change in Workplace Culture

   Filing a complaint can help to bring about a change in workplace culture. By raising awareness of disability discrimination and holding employers accountable for their actions, victims of discrimination can help to create a more inclusive and respectful workplace culture. This can benefit not only the victim of discrimination, but also other employees with disabilities who may be experiencing discrimination.

If you have been the victim of disability discrimination, filing a complaint with the EEOC or Illinois Department of Human Rights can provide you with legal protections, compensation, and accountability, as well as access to legal remedies and the potential to create a positive change in workplace culture. Don’t hesitate to seek legal advice if you believe that you have been the victim of disability discrimination.