Looking for opinions. I had an issue with a reasonable accommodation with my employer and went to speak with the best lawyer who handles ADA cases in our state. Due to the political climate, no one is accepting those cases on a contingent basis anymore. Basically, what the attorney says was that 4 years ago, I had a great case but today it is a gamble because of the current administration gutting the ADA and EEOC and the judges that have been appointed. Looking to see if anyone has filed a case of this nature recently and whether it is worth taking the gamble. And other recommendations on lawyers that might cross state lines and help. I have solid evidence of denial of my reasonable accommodation and failure to even follow the standard process. Additionally, there was documented harassment by my employer after the accommodation was denied. You get 90 days to file suit, I’m halfway through. Any ideas or recommendation would be greatly appreciated.
Sounds like an excuse to me.
I hate excuses.
I would check with a different lawyer.
In terms of whether to move forward or not, perhaps a “PRO/CON” chart would help? If you move forward, what are the pros and cons if you win. If you lose. If you settle. If you do not move forward, can you stay in your job. Can you leave your job. Can you switch to a different department.
Lots of future possibilities. I would list out as much as I could consider. Maybe it would help to provide direction? Anything regarding employment can be a huge decision.
Have you seen a doctor about the issue? In the past I was having issues doing a certain task because I have Carpal Tunnel. I talked with my doctor and they wrote up something to give my employer.
Yes ma’am. It’s way past that now. My doctor wrote a letter. The EEOC already issued a right to sue.
I had to resign due to the harassment.
In which case, perhaps the downsides to a lawsuit are reduced.
Does it come down to up-front legal costs? In which case, I would interview the best three lawyers that I could find (which is always tough if you yourself are not a legal expert) and based on that (including cost estimates from each of them), decide if I could afford the cost to move forward.
I assume at this point no other downside (aside from legal expenses) should you fail to gain a verdict in your favor?
I’m sorry that is just horrible. I definitely agree with Tim. Please talk to other lawyers.
Have you tried these local resources (every state or city or county has them): Attorney General’s office, State or County Bar volunteer lawyer’s program and/or referral program, Legal Aid. Most state bar associations require attorneys to have a certain number of hours of pro bono work, and since you have a right-to-sue letter, it’s almost a no-brainer. I agree that the first attorney just wasn’t interested, and he should have said so.
Yes, I have tried local resources. The entity I am wanting to litigate against is the State of Arkansas. So that kind of gets frowns from the locate and state options. I have also contacted the local Diabetes association groups. Everyone seems to provide what the ADA says, they just don’t have situational information for the aftermath of a violation. I will contact the State bar associations and see what options are available.
The excuse of the current administration appointing judges who are not plaintiff-friendly makes no sense, since at any given time the ratio between judges who were appointed prior to any current administration and those recently appointed is huge.