Americans with Disabilities Act Claims Rising
According to the Equal Employment Opportunity Commission ("EEOC") the number of discrimination complaints filed with them related to depression, anxiety and other psychiatric disorders almost doubled between 2005 and 2009. These claims would be filed under the Americans with Disabilities Act ("ADA"). These claims can be tough to prove because the person filing the claim must prove their disability substantially impairs their life and that the accommodation they are requesting does not cause an undue burden on the employer. Nationwide in 2009 3,837 ADA complaints were filed. There have been positive court rulings recently that have helped people who file claims under this form of discrimination.
In Illinois aside from filing a claim with the EEOC for ADA discrimination, an employee can also file a claim with the Illinois Department of Human Rights ("IDHR"). The IDHR is tasked with investigating discrimination and in this type of case ADA discrimination would most likely violate
Article 5 of the Human Rights Act ("HRA") which prohibits discrimination in public accommodations on the basis of disability. There are many advantages with filing with the IDHR as opposed to the EEOC. I prefer state court and the IDHR investigates charges in a timely fashion as opposed to the EEOC.