Workplace discrimination because of disability is strongly prohibited by law. Still, people are being discriminated against in some places just for their disabilities. If you think you’re facing discrimination because of incapability, you can take the help of a disability discrimination lawyer to protect your rights.
Discrimination is not only uttering bad words directly. If your boss doesn’t modify something that can help you work just fine avoiding the effects of disability, it can be counted as discrimination. Also, termination or no promotion due to disability is another kind of discrimination.
Americans with Disabilities Act (ADA) and Rehabilitation Act are both there to help you in such situations. You just have to pick a compatible lawyer and file a lawsuit for your right.
Who is a Disability Discrimination Lawyer?
The person who can help you file a disability discrimination case and try to make you win is called a lawyer or attorney for disability discrimination. To be such, the lawyer should have a good understanding of disability discrimination in the eyes of the law and the possible ways to fight against such discrimination.
While filing a lawsuit, lawyers or attorneys can help you in many ways. Let’s see what they do for you.
What do Disability Discrimination Lawyers Do?
Explaining Your Rights
Lawyers know the ADA, Rehabilitation Low, and Employment Law very well. So, they can help you understand the situation and explain your rights in such a situation.
Helping You Make a Decision
If you’re unsure about filing a case against discrimination, a lawyer can help you decide. Making such a decision is tough as your job and many other things are related to it. After a consolation, the lawyer can help you to choose what’s right.
Helping you Collect Proof
Discrimination should be proved in court. So, you need enough proof of it. Your lawyer can help you collect the proof and use that to strengthen your claim. They know what types of evidence are accepted in court. So, with their assistance, you can point out some vital issues regarding discrimination.
Cost-Benefit Analysis
Filing a lawsuit costs you a good amount. In most cases, the other party pays your lawyer’s bill if you win, but you have to spend in some other fields. Also, if you don’t win, you must face several issues besides the huge expense.
In such a situation, lawyers can do a cost-benefit analysis and inform you of possible outcomes.
Filing a Solid Case
If you want to file a case, your lawyer can help you with that. They know how to file a case and the required documents. With their help, you can easily claim your right in court, avoiding mistakes and miscommunications.
Calculating Compensations
Often calculations are associated with discrimination cases. Your lawyer can help you calculate the exact compensation you can receive from the discriminator, your employer in most cases.
Compensation for discrimination cases is different compared to most other types of lawsuits. So, an experienced lawyer can help you the most.
Negotiation with Other Parties
It is more likely that the other parties would try to get things fixed outside the court. So, they’ll communicate with you after becoming aware of the lawsuit. Their focus is to fix the issue minimizing their cost.
In such a situation, your lawyer can negotiate with them to protect your best interest.
How much do Disability Discrimination Lawyers Cost?
The calculation of the lawyer’s fee is a bit different in the case of disability. Let me explain it.
In most cases, lawyers go for a contingency payment process. In this process, they ask for a specific percentage of the compensation as their fee. If you lose, you won’t have to pay anything.
In other lawsuits, the charge can be anything between 30%-40%. But in the case of disability lawsuits, they can ask for 25% of the compensation. It is the industry standard. Some lawyers may ask for a bit more.
Also, they can’t charge more than $7,200. If 25% of the compensation exceeds $7,200, the lawyer’s charge will be $7,200.
However, if your case is taken to federal appeals, you have to pay the complete 25% with no cap.
This can be different based on the place you stay.
Also, they can ask for hourly payment. In this situation, you need to pay the lawyers based on the number of hours they work on your case. The typical hourly rate for discrimination cases is around $150.
If you have a strong case, you can ask for the attorney’s fee as compensation from the other party. Most states allow you to claim the attorney’s fee as a part of the compensation.
What does Disability Discrimination Compensation Include?
The compensation count in such cases contains several components. One is financial loss. It includes everything regarding money. For example- unpaid salary, sick pay, work-related benefits that are not provided, private health insurance, etc. If your promotion was not awarded because of disability, that is counted too.
Also, the extra expense you had to make due to the company’s inability to provide you with enough benefits is counted in the compensation.
If the discrimination causes injury to your health, treatment costs should also be included in the compensation calculation. You need to submit the receipts to prove it.
Another type of compensation is provided for your mental loss. Pain, suffering, down feelings, the feeling of unworthiness, etc., are compensated too.
If the court feels the discrimination is serious or lengthy, you might also be compensated the lawyer’s fee. In such a case, the other party will bear a portion of your expenses regarding the lawsuit, most probably the lawyer’s fee or a part of it.
How to Find a Good Lawyer for Disability Discrimination?
Finding a good lawyer is crucial for winning the case and protecting your rights. So, you need to be cautious while searching for one.
A simple process can help you find a good lawyer. It may need some effort and time but results in better output than randomly going to someone.
Step 1- Looking for References
Most people only look for some references and hire as soon as they find one. But this is only the first step.
In this step, look for at least 12-15 names of lawyers or law firms who work on similar cases. Check if your family, friends, or neighbors can recommend someone. Also, perform a search in search engines asking for some suggestions about disability discrimination attorneys around you.
If you need more references, visit the local bar community and ask for recommendations.
Make a list of the referred lawyers and law firms.
Step 2- Assessing the Options
After you have 12-15 names on the list, you need to assess them based on online presence.
Websites or social media profiles of lawyers or law firms contain a lot of information about them. You have to evaluate them based on the information available online.
Look for their experience with similar cases. Also, check their recent work on such cases. Online platforms are a good way to find success rates. Collect as much information as possible to evaluate better.
Also, look for reviews and ratings about them on different service review platforms. Those platforms would help you evaluate them better.
Rank them based on evaluation and pick the top 4-5 for the next step.
Step 3- Talking Directly
Now it’s time to talk to them directly. Reach them by phone and ask for a free consultation. Most firms offer one free or low-cost consultation. Take the scope.
In this step, discuss your situation and ask them about their experience handling similar cases, the recent cases they’ve worked with, the success rate in such cases, fees, payment structure, etc. Also, ask for your probable course of action.
Step 4- Pick Someone
After contacting everyone, evaluate them based on the discussion. As you seek an attorney to help you win the case, try to pick someone good at communication. Communication skill is crucial.
Also, the fee is an important factor. But don’t make it the only selection criterion.
Go for the one with a positive way of talking and looking at the situation.
Questions to Ask while Hiring Attorney for Disability Discrimination
In step 3, when you talk directly to the options, you need to ask a few questions to evaluate their approach. Some of the most common questions are-
Does my case qualify for disability discrimination?
To be counted as a disability discrimination case, the situation should pass some criteria. Lawyers have a good idea about the laws and regulations. So, ask them if your situation qualifies for disability discrimination. If not, filing a lawsuit won’t help you.
So, asking the question is a must.
What should be my next step?
Your next step is determined based on the current situation. Lawyers can assess your situation and suggest the next step. They may ask you to gather more evidence if you don’t have enough. In some cases, talking to the employer directly can solve the problem easily.
They have experience with similar cases. So, they can suggest the best way possible.
How much experience do you have with similar cases?
Getting someone experienced is crucial, I’ve already said maybe. So, you must ask this question.
Experienced lawyers know what you can do to protect your right. Also, they know how to approach and receive the best benefit.
Check their experience and try to pick someone with good experience.
How much is your fee? What’s the structure?
The fee is among the most important factors in selecting an attorney or lawyer. So, ask them about their fee.
Try to pick someone who charges a contingency plan. This is the best plan as you don’t have to pay if you don’t win the case.
If you’re hiring someone for only a few tasks regarding the case, hire someone who charges hourly. This would protect your expense.
What is the possible result?
You may want to know what can happen as the output. So, ask them about the possible outcome of the case. As they have previous experience with similar cases, they can assume the result by analyzing your situation.
What If I can’t Hire a Disability Discrimination Lawyer?
If you can’t hire a lawyer in such situations, don’t worry. You have several paths open to receive justice.
Human Right Organizations
Some Human Right Organizations or NGOs work for the right of disabled people or the legal right of people from the low-income range. You can try taking their help. Look for such organizations around you, visit them, and describe your situation. Maybe you’ll get help.
Discounts on Legal Services
Some lawyers or law firms offer a huge discount on some occasions, for example- Black Friday or Christmas. Try to pick such an offer. If you find any, you can receive legal services at almost half the regular cost. Just keep your eyes open.
Law Schools
Some law schools around you may provide legal services for free in exchange for using the case as study material for the students. Try searching for such opportunities. It’ll save a lot of your money.
Seek Free Consultation
Some lawyers or law firms offer free consultations for a particular group of people. So, check for firms offering free or low-cost consultations for physically restricted people. You may find a great solution to your problem.
Go for Occasional Consultations
You can try to handle the case yourself if you don’t find any of the options above. When you face a problem you can’t manage, go for a consultation session. Using your effort and their knowledge, you can bring yourself justice.
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Frequently Asked Questions (FAQ)
Is it a Must to Hire Lawyers for Disability Discrimination Cases?
Hiring a lawyer in such cases is not mandatory by the court. However, you need to hire someone to guide you through the process and help you fulfill the requirements because the whole process is a bit complex.
If you want to do it alone, you may lose concentration multiple times. Also, you need to go through the complex terms and conditions of different stages of the process. The whole thing may seem to be overwhelming.
What type of discrimination do lawyers help with?
Lawyers can help you with all types of discrimination. ADA and Rehabilitation Law offer support to protect from almost all types of discrimination, including harassment, indirect discrimination, victimization, not making reasonable adjustments, not promoting, etc.
Any lawyer you go for help can assist you in protecting your rights against all these direct and indirect discriminations.