How to Enforce Employment Rights Under the Americans with ...

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There are limits to the types of lawsuits an individual can file under the ADA. Forexample, the U.S. Supreme Court has ruled that private individuals may not sue state employersfor money damages under the ADA. Individuals may still file charges of discrimination with theEqual Employment Opportunity Commission (EEOC) against their state employer for other relief,such as court orders to stop discrimination. The U.S. Government can still file lawsuits againststates for violating the ADA.2. How the Arizona Center for Disability Law Assists People withDisabilitiesIf you believe you have been discriminated against on the basis of a disability inemployment or access to public services, public accommodations, public transportation, ortelecommunication services, staff at the Arizona Center for Disability Law (ACDL) can provideyou with information about the ADA and enforcing your rights. The ACDL is a non-profit, publicinterest law firm providing free advocacy, information and referral services, legal research,community legal education, and, in selected cases, legal representation to individuals withdisabilities. The ACDL is the designated protection and advocacy system for Arizonans with awide range of physical and mental disabilities. Assistance is provided for disability-related issuesin established priority areas.Information about the eligibility requirements and priorities is available from the ACDL onrequest. Assistance is provided according to program eligibility requirements, priorities, and staffavailability. This guide will provide the reader with information about how to file a charge ofdiscrimination and remedies available for violations of the employment provisions of the ADA.Other guides available through the ACDL on employment include:An Overview of the Employment Protections of the ADAThe ADA and the Job Applicant: Recruitment, Applications, and InterviewsThe ADA and Reasonable AccommodationsDrug and Alcohol Testing under the Americans with Disabilities Act (ADA)The ADA and Medical ExaminationsThe ADA and Confidentiality of Medical RecordsThe ADA and Disability-Related HarassmentThese guides are not substitutes for legal advice, but are meant to provide people with2
disabilities with information and examples about the employment protections under the ADA. TheACDL recommends that persons obtain professional legal advice to resolve a legal disputeregarding discrimination on the basis of a disability.3. When the Employment Protections of the ADA ApplyThe ADA does not cover every employment situation between an applicant or employee andan employer. For the ADA to apply to an employment situation, each of the following has to betrue:$ the employer is a covered employer;$ the employee or applicant has a disability according to the ADA;$ the employee or applicant is qualified to perform the job; and$ the employer discriminates against an applicant or employee on the basis ofdisability.The terms "covered employer" and "disability" are discussed below.a. Employers Covered By the Employment Protections of the ADAThe ADA applies to private employers with 15 or more employees and includes$ employment agencies and labor unions.$ a location or facility of a business with fewer than 15 employees whose totalnumber of employees for the company in all locations and facilitiescombined equals 15 or more.Other state and local laws may apply to persons with disabilities who are employed by smallerbusinesses. For more information, contact the ACDL or a private attorney.The ADA applies to state and local governments and includes:$ agencies, departments, and entities regardless of their size or number ofemployees, such as public schools, universities, libraries, museums, parks,and recreation facilities; police and fire departments; and social welfareoffices$ states, although employees (and applicants) cannot sue state employers incourt for money damages. Individuals can still file charges of3
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