Saturday, February 17, 2018
What Does The U.S. House of Representative Define As "Drive-by Law suits"?
So what is the reality of suing for monetary gain under the ADA, to reminder this is the House of Representative passed H.R. 620. When the House member talk about "Drive-by Law Suit are they talking about work place discrimination, or the lack of accessible at a business? Either way it is not a drive-by process, they are the law make so they should know how long it takes to get something done. For the record it took me less than ten minutes to find the information below and do not have a staff, or interns.
From the sources that I found, One can hire a private attorney at your own expense and you both have to file the law suit with the DOJ. The whole purpose of filing a discrimination suit is to find a resolution to the problem. When filing this type of law suit, you cannot be awarded money for any damages.
If one is not satisfied with the law suit filed with DOJ, you have the right to file a private law suit for monetary gain. However if you proved you have experienced discrimination in the work place. You are entitled to back pay and attorney expenses.
I think this is very open to interpretation and the people that are using the ADA laws for their personal Piggy Bank, they do not understand the disability movement. We are trying to be part of society for the better of everyone, not create resentment.
Q. Can I file a private lawsuit regarding a violation of the ADA?
A. Yes. You have the right to file a private lawsuit in federal court if you have been discriminated against. If you have an employment complaint, and are employed by a private organization, however, you are required to file a complaint with the Equal Employment Opportunity Commission and receive a "right to sue" letter from them before you can pursue a private complaint. If you are successful in court, you will be entitled to injunctive relief and to recover attorneys' fees. Injunctive relief means "fixing the problem": such as reinstating you in your position with back pay, providing a reasonable accommodation, modifying a discriminatory policy, or removing an architectural barrier. When individuals file private actions, ADA does not provide compensatory and punitive damages. However, your attorney can advise you whether compensatory or punitive damage awards may be possible under other civil rights legislation.
Q. How do I file a Title I employment complaint?
A. Within 180 days of the discrimination incident, file a complaint detailing the discrimination with the Equal Employment Opportunity Commission. The EEOC will investigate the charge. If it finds reason to believe that discrimination has occurred, the EEOC will attempt to have the employer voluntarily provide you with full relief. Or, once 180 days have passed since filing a charge, you may request a "right to sue" letter. Once you receive this, you may file a private lawsuit. You can file a complaint through the Minnesota Department of Human Rights or directly with an EEOC office.
Q. How do I file a Title II complaint against a state or local government agency?
A. You may file a private action in court or file a complaint with the Department of Justice. You can also file complaints with other federal agencies designated by the DOJ (for example, the Department of Transportation will investigate transportation-related complaints), or any federal agency that provides funding to the public entity responsible for discrimination. But it may be easiest to know that the DOJ will accept any Title II complaints and see they are directed to the appropriate agency.
Q. How do I file a Title III complaint against a private company or organization?
A. Individuals may bring private lawsuits to obtain court orders to stop discrimination, but money damages cannot be awarded. Individuals can also file complaints with the Department of Justice which may file lawsuits to stop discrimination and obtain money damages and penalties.
Be aware that the DOJ will only bring suit where there is a pattern or practice of discrimination, or a violation that raises an issue of general public importance. You may get quicker action by filing a private lawsuit, filing a complaint under the Minnesota Human Rights Act instead of the ADA (which has similar provisions), or by using an alternative dispute resolution process.
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