Americans With Disability Act
In Illinois discrimination is prohibited in public accommodations and government services based on Article 5 of the Human Rights Act (HRA) which prohibits discrimination in public accommodations on the basis of disability. It also prohibits state and local government officials and employees from discriminating against you in connection with their services and facilities. The protection provided under the HRA is very similar to that provided by Title II and Title III.
The protection against discrimination in the HRA is available if you have a handicap.
In the HRA, the term "handicap" means that you:- Have a determinable physical or mental condition (including a condition requiring use of a guide or hearing dog), OR have a history of such a condition, OR are perceived by the person committing the discrimination as having such a condition, AND
- The condition results from disease, injury, a congenital condition, or a functional disorder.
If the Human Rights Commission makes a finding that the discriminating entity has committed unlawful discrimination in violation of the HRA, they may grant you the following types of relief:
1. A "Cease and Desist" Order. This is an order requiring the discriminating entity to stop engaging in prohibited discrimination.
2. An Order Requiring the Entity to Do Something. This can include an order which:
- requires a place of public accommodation to provide you with the full use and enjoyment of its services and facilities; or
- requires the government entity to provide you with full and equal enjoyment of the goods, services, facilities, and programs offered.
3. Actual Damages. The Commission can require the discriminating entity to reimburse you for any injury or loss you have incurred as a result of the discrimination. This is an important right because you have no right to recover money damages in private suits brought under Title III of the ADA.
4. Your Fees and Costs. This includes your attorney's fees, if you win the case.
The law authorizes the Commission to award you any other remedy or relief that is required to correct the results of the discrimination.
Illinois Sexual Harassment Attorney Blog - Americans With Disabilities Act
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