Legal Question in Disability Law in California

Re: ADA Laws once you disclose

A "proper" report of discrimination does not need to take the form of a demand for accommodation. It can be communicated in any coherent form, basically -- in writing, orally, in e-mail, whatever.

If you are in fact disabled under the ADA, management's responsibility depends on what discrimnation you experienced. If it was harassment of some sort, they must take immediate corrective action, which might be an investigation, separation of you from the harasser, etc.

If the discrimination was one where you were denied access, or where you needed some accommodation, the employer's responsibility was to enter into the interactive process. You do not need to come to them with a specific demand. The interactive process calls for the parties to try to come to a reasonable solution: a "reasonable accommodation."

If they fired you for filing the complaint, or for failing to file it in some peculiar way, as Mr. Meyer stated, you may have two actions: one for employment discrimination, and the other for retaliation.

You may not need an attorney just yet. Your next step is to file a charge with either the federal Equal Employment Opportunity Commission, or the California Department of Fair Employment and Housing. If the action took place within the last 300 days, the EEOC may be preferable, as they have more resources to devote to investigation, mediation, and litigation than the California DFEH. If the incidents took place more than 300 days ago, but within the last year, file with the DFEH.

Re: ADA Laws once you disclose (answer part 2)

(continuing from last message...)

There are pro's and con's as to whether to hire an attorney. If you file with the EEOC, there is, first, the possibility of mediation. It is not necessary to be represented by an attorney in this process; if you are offered what you believe to be sufficient, you keep all of it (if it's monetary), and don't need to share it with an attorney who might have done nothing more than show up to the meeting. On the other hand, an experienced attorney may be able to push for, and achieve, a higher recovery amount, but it would have to be significant to offset the fact that you'll be sharing a large piece of the pie with the attorney.

If a case does not go to mediation, or if it fails mediation, the next step in the EEOC process is investigation. This can be time-consuming, but the EEOC, being a federal agency, is able to obtain documents and other evidence which can be expensive, and difficult, or even impossible to obtain by a lawyer and the discovery process. Even if, after investigation, the EEOC is unable to find discrimination, you will still receive a right to sue, and you will be able to request a copy of your investigative file and the evidence it contains, without having to go through the rigamarole of the discovery process.

If the EEOC finds discrimination and/or retaliation, your investigator will act as your advocate, essentially the same role as an attorney, to obtain "substantial relief" for you. If this is successful, you receive all proceeds, again, not having to share it with an attorney.

If the EEOC finds discrimination/retaliation, but is unsuccessful in bringing about a fair settlement, your file will be forwarded to the EEOC legal department, who will make the decision whether to sue on your behalf. Any recovery in litigation is 100% yours.

If the EEOC legal department decides not to sue, you get the right to sue, and access to your investigative file. There is nothing to keep you from then (or at any earlier time in the EEOC process) go attorney-shopping.

Best of luck!

Re: ADA Laws once you disclose

Based solely on your synopsis, it appears that your employer has violated the ADA and has retaliated against you for a protected activity. Once you report the discrimination, they have a duty to investigate the matter.

You should visit a local attorney to discuss all of the relevant facts of your case and decide how best to proceed.

Good luck.