Americans with Disabilities Act Claims (ADA Violations)​

Protecting Americans with Disabilities in Florida (ADA Claims & Violations)

 

What to Do When Public Accommodations Violate the ADA

 

The Americans with Disabilities Act (ADA) was passed more than two decades ago to provide comprehensive civil rights protections to people with disabilities. Under the ADA, a disability is defined as “a physical or mental impairment that substantially limits one or more of the major life activities of such individual.” Major life activities include actions such as caring for yourself, walking, seeing, and working.

 

The legislation was designed to ensure all individuals with disabilities receive access to the same opportunities available to people without disabilities. That includes protecting your right to employment, housing, transportation, telecommunications, and government services – rights Andrew Winston wholeheartedly believes in. By breaking down obstacles in such areas, the act ensures society can benefit from the skills, contributions, and purchasing power of people with disabilities.

 

Unfortunately, not all businesses and employers around Ft. Lauderdale and the rest of Florida take this act as seriously as they should. Despite the protections that the ADA provides, the US Equal Employment Opportunity Commission continues to hear more charges of disability discrimination than any other complaint.

 

The ADA provides legal recourse for disabled individuals who have been victims of discrimination, and a skilled personal injury attorney with experience handling ADA violations can help you ensure your rights are protected. If you are a person with a disability in the Fort Lauderdale area who has suffered discrimination in the workplace or with public accommodations, you owe it to yourself to contact a disability discrimination lawyer like Andrew Winston.

 

He’s helped countless people just like you recover compensation for this injustice and hold discriminatory employers and business owners accountable for their actions, and he can make sure that your rights are upheld as well.

 

Who Is Protected Under the ADA?

 

The ADA protects individuals with a wide range of disabilities, defining a disability as a physical or mental impairment that substantially limits a major life activity. The law also covers health impairments that require special education or related services. Some of the most common disabilities and impairments include:

 

Hearing impairments. A hearing impairment is any type of hearing loss that keeps someone from completely receiving sounds through their ears. When a hearing impairment limits your ability to perform a major life activity, you are protected under ADA.

 

Vision impairments. Vision impairment may be defined as a loss of visual acuity or a loss of visual field. For people with vision impairments, small objects and standard written materials may be difficult to see.

 

Mobility impairments. Many types of conditions can impact mobility, including paralysis, stroke, muscular dystrophy, and spinal cord injury. Mobility impairments may require the use of walkers, wheelchairs, or canes, or limit the use of hands and upper extremities.

 

Learning disabilities. Learning disabilities are conditions that may make it difficult to acquire and use listening, speaking, writing, reasoning, or mathematical abilities. Examples of learning disabilities include dyslexia, dyspraxia, and dyscalculia.

 

Special conditions. This includes people with certain conditions and illnesses—such as pregnancy or cancer—that require special schedules and considerations.

 

Individuals with these and other types of disabilities in Florida may be protected from discrimination by the ADA in all programs, activities, and services of public entities. If you were denied access to employment, business, education, or government services because of physical barriers violating the ADA, don’t let unjust prejudice prevail.

 

Andrew Winston has allied with many clients facing disability discrimination, working tirelessly to defend their rights and prevent this type of unacceptable discriminatory practice from happening again in the future. He knows the ins and outs of the law and what to do to prove that you were discriminated against.

 

What Constitutes an ADA Violation in Fort Lauderdale?

 

The ADA guarantees people with disabilities equal opportunities in four major areas: employment, public accommodations, transportation, and housing. When a discriminatory barrier prevents access for a disabled person to one of these things, it may qualify as an ADA violation.

 

Employment violations. The ADA prohibits both public and private employers from discriminating against an individual with a disability in any aspect of work or employment, including:

 

  • Hiring
  • Job assignments
  • Evaluations
  • Promotions
  • Firings

Public accommodation violations. Under the ADA, all entities that are open to the public—such as restaurants, sidewalks, stores, and restrooms—must be accessible to people with disabilities. Common examples of accommodation violations include:

 

  • Failure to install a wheelchair ramp
  • Lack of handicap parking spots
  • Lack of handrails
  • Inadequate handicap accommodations in restrooms
  • Problematic elevators, escalators, or walkways

Transportation violations. Under ADA, public transportation services should be made reliable and accessible to disabled passengers. Common public transportation violations include:

 

  • Failure to install ramps, handicap seating, and other necessary handicap accommodations
  • Requiring special charges for disabled passengers
  • Harassment or behavior that discourages use of public transportation services

Housing violations. The ADA prohibits discrimination in housing based on disability. This type of discrimination could include:

 

  • Discrimination in sale, rental, and other housing transactions based on disability
  • Discrimination based on disability in services, programs, and activities provided by public entities
  • Failure to design facilities that are accessible and usable to people with disabilities

If you believe you have been discriminated against in Florida because of a disability, you should speak with a disabilities attorney. Andrew Winston has had extensive experience handling ADA violation claims, and can help you understand your civil rights and seek remedy to any unjust disability discrimination you may be facing.

 

Andrew Winston Will Work Tirelessly to Ensure Your ADA Rights are Protected

 

Whether you were denied a job, unable to access public transportation, or suffered any kind of adverse action at a public space or workplace because of a disability, an ADA violation is a infringement upon your civil rights. With a successful disability claim lawsuit, you may be able to recover compensatory damages, lost wages, punitive damages, and attorney fees.

 

To preserve your rights and ensure you receive fair compensation for disability discrimination, you must act quickly and consult with a seasoned ADA attorney as soon as possible. Andrew Winston offers aggressive representation and compassionate counsel for people with disabilities who have suffered discrimination in Davie, Fort Lauderdale, and the South Florida area.

 

The complaint and appeals process can be complex, and the team at the Law Office of Andrew Winston can help you cut through the red tape and efficiently pursue your claim. Andrew Winston can put you on equal footing with businesses, employers, and their massive legal teams, helping to preserve your rights and combat unjust discrimination.

 

When you are ready to fight back against those who have discriminated against your disability, contact us to set up a free initial consultation. You will be able to sit down with one of our experienced professionals and learn about effective strategies that might be taken to win compensation for you. Simply email awinston@aywlaw.com, fill out our online case review form, or call us now:

 

Toll-Free: 866-306-9606

South Florida: 954-606-6606

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