When the ADA was enacted 31 years ago, many people felt it lacked teeth, in that the consequences for violators were too light. This ADA attorney feels that choosing the right path to pursue a case is the key to better enforcement and thereby greater compliance. I have often heard it said that “We’ve come a long way with ADA and made much progress, but there is still much work to be done.”

Before breaking down this topic into enforcement options available under Titles II and III, (my areas of practice) I have a couple of comments about employment claims under Title I. The most significant fact to be aware of is that employers win about 95% of the cases. This is likely the result of greater access to resources, such as attorneys, human resource staff and personnel records. In addition, the possibility of retaliation must also be considered when deciding whether to file a claim against an employer. Retaliation comes in many forms; it can be subtle and is often difficult to prove. It is a good idea for the employee to ask him or herself whether it is wise to continue working for someone that has been accused of employment discrimination, and how difficult it will be to find another job. While the fear of retaliation should not be a total deterrent against filing any Title I action, it is a critical consideration that should be kept in mind. The remainder of this commentary includes an analysis of three (3) possible options for pursuing accessibility barrier claims under Titles II and III. My list of options to pursue consists of: 1. ADA lawsuits, 2. Human Rights complaints, and 3. US Department of Justice (DOJ) involvement, followed by some conclusory remarks. The list does not include all possibilities, but rather three of the more popular ways of pursuing ADA complaints.

Michael Hellman is an attorney specializing in ADA and a community advocate in Westchester County. Contact him via email correspondence: ADATTY@aol.com

Leslie Dunn is Professor of English at Vassar College, where she also teaches in the Women’s Studies, Medieval/Renaissance Studies, and Media Studies programs. Her research and teaching interests include Shakespeare and early modern drama, gender studies, and disability studies. Her most recent book is an edited collection of essays, Performing Disability in Early Modern English Drama. The authors theorize the staging of particular disabilities within their historical and literary contexts, while considering continuity and change in the performance of disability between the early modern period and our own.

Professor Dunn has been teaching disability studies at Vassar since 2014. Last fall she taught a course called “Writing Medicine,” in which students were provided opportunities to collaborate with community organizations in order to enhance their classroom learning and foster engaged citizenship. “The project’s aim is to introduce students to the medical humanities as well as provide them with a greater understanding of the socio-cultural contexts of health, illness, and disability,” Professor Dunn explains. She emphasizes that this engagement process “encourages the development of the communication skills, empathy, and self-awareness that are needed to care for the whole person rather than merely treating their symptoms.”

A college student describes her internship experience at TRI and what she learned about the barriers faced and accommodations available for people with disabilities.

My name is Rachel Vives. I am a junior at SUNY New Paltz originally from Long Island. I am a Sociology Major with a concentration in Human Services and minors in Deaf Studies and Disaster Studies. My internship with TRI is the first internship I have ever had. Starting with the pandemic, I have struggled a lot with online learning and was very nervous to see how I would adjust to a virtual internship. Although I was nervous, I was really eager to start. Jeanine is my supervisor, and her specific area is advocating for the Deaf and Hard of Hearing. With my minor being deaf studies, I am interested in this field of work and want to learn more and possibly go into a relevant career in the future. Beginning this internship, I first started with writing a letter to the courts of Dutchess County, persuading them to possibly install a loop system in their courtrooms. My research then led into lawsuits and I researched the ADA website and my eyes were opened hugely to how discriminated people with disabilities actually are.