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Disability Discrimination Litigation

Getting disabled
People are aging. As you continue with life and work, someday you might just have restrictions or modifications placed on your ability. You may as well suffer from physical or mental condition that would limit your ability to do your job. When this happens, you will be perceived as disabled by your employer. Hence,you should be aware of the meaning of discrimination of your state law and find out if you are qualified to disability benefits.

For years, many disability discrimination cases especially in employments cases have been unsuccessful. Often, in a disability discrimination litigation case the back pay are small. On top of this, a disabled individual has to mitigate damages and the deduction of some classes of benefits from the outcome of the litigation by obtaining other employment. This puts pressure and stress to a disabled claimant.

Your right to claim
As a remedy a disabled person can claim for compensatory and punitive damages. Section 1981a of the Civil Rights Act of 1991 establishes rules for damages claims under the employment provisions of the American with Disabilities Act. Compensatory and punitive damages can make disabled claimants whole for emotional harm and at the same tile provide additional prevention for employers who discriminate unlawfully.

With the high costs and complexity of disability discrimination litigation, the issue of enforcing legal rights that protect against discrimination has always courted controversy. The cost of complying with the Act has sometimes been high. Irrespective of the availability of legal action against overt discrimination, there remain significant discrimination against disable people and various hindrances to their participation in many areas of life. With the protection of the Americans with Disabilities Act, an employee who despite of a disability is able to perform the important functions of his job is entitled to reasonable accommodation from the employer, if necessary. Hence, if you feel that you have been a victim of disability discrimination, it is essential that you know your legal rights and the actions you must take to prevent loss of your right to a remedy.

Understand though that disability discrimination litigation pursuant to the Federal discrimination laws are very fact intensive. There is no particular rule by which you can decide if you have been the victim of disability discrimination. Your case will be dependent upon the particular facts of your case. It is, therefore, important that you contact a lawyer as soon as possible. Early consultation with a lawyer is very important due to various laws that require you to take certain action within a certain period of time after the occurrence of the discrimination. Failure to act immediately can result to the loss of your right to recover.

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