In many disability civil rights cases, a money damage award may be sought, particulary cases brought in the context of employment.  A damage award may also be sought under the FMLA.  In other cases, the object of the litigation is to compel compliance with the law prohibiting discrimination on the basis of disability, e.g., the removal of architectural barriers to access in a hotel, retail store or restaurant. 

In all cases, however, in addition to damages and/or an injunction compelling compliance with the law, the court has the discretion to, and usually does, order payment of the reasonable attorney fees and litigation expenses incurred by the prevailing individual with a disability.  In discrimination cases brought by our office, we always demand the payment of our client's attorney fees and costs from the opposing side. If you have any questions about disability discrimination, contact us for a complimentary confidential consultation.


Introduction to Disability Law

The ADA is comprehensive and divided into five separate titles:  employment (Title I), access to public services offered by state and local governments (Title II), access to places of public accommodations (Title III), telecommunication relay services (Title IV), and miscellaneous provisions (Title V). 

Other anti-discrimination laws that forbid discrimination against people with disabilities include the Fair Housing Act, Air Carrier Access Act and various state and local governmental statutes. The disability civil rights statutes are unique in that they place the power to force compliance with a federal law in the hands of the people who are directly affected by them.

The Individuals with Disabilities Education Act (“IDEA”) provides for the protection of students with disabilities to ensure that each and every student with a disability receives a free appropriate public education (“FAPE”).   

In addition, the Family and Medical Leave Act (“FMLA”) also protects workers’ rights when they are forced to miss time from work due to a disability or other illness or to care for a family member who is sick.

The American with Disabilities Act

Disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990. This Act prohibits discrimination against individuals with disabilities in employment, housing, education, and access to public services.

The ADA defines a disability as any of the following:

1. "a physical or mental impairment that substantially limits one or more of the major life activities of the individual."
2. "a record of such impairment." or
3. "being regarded as having such an impairment."

While alcoholism is included as a disability, other socially undesirable behavior is excluded from the Act. For example, sexual behavior disorders like pedophilia or transvestism, compulsive gambling, and pyromania are all excluded. The ADA, however, does not list all impairments covered. The ADA further requires that reasonable accomodation be made so as to provide individuals with disabilities equal opportunities. Agenices and departments charged with enforcement of the ADA include the Equal Employment Opportunity Commission (EEOC) (http://www.eeoc.gov/) and the Department of Justice (http://www.usdoj.gov/).

In Montana, state laws that protects people with disabilities are the Montana Human Rights Act and the Montana Governmental Fair Practices Act. 

Other statutes prohibiting discrimination against individuals with disabilities include the Fair Housing Act, Rehabilitation Act, Air Carrier Access Act, and the Individuals with Disabilities Education Act. Under the Fair Housing Act, it is unlawful to discriminate in any aspect of selling, renting, or denying housing because of an individual's disability. Owners are further required to make reasonable exceptions in their housing policies so as to afford equal housing opportunities to those with disabilities.

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs recieving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. Its standards mirror those of the ADA.

Under the Air Carrier Access Act, air carriers are prohibited from discrimination against qualified individuals with physical and/or mental impairments.

Finally, the Individuals with Disabilities Education Act requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restricitve environment according to their needs.

We represent people who have experienced discrimination on the basis of their disability, in violation of federal and state laws, including the IDEA and FMLA.  If you feel you have been discriminated against and your rights have been violated because of a disability, contact us for a complimentary confidential consultation.


As experienced disability civil rights counsel, we have the knowledge and contacts to assist individuals throughout Montana.  In almost every case that we have filed we have been successful in compelling business and property owners or operators and employers to make changes to their policies and procedures as well as removing architectural barriers to places of public accommodation to ensure compliance with the law.