Are there civil rights remedies available for individuals facing discrimination on the basis of disability?

In Indiana, individuals with disabilities are protected under the Americans with Disabilities Act (ADA) and the Indiana Civil Rights Act (ICRA). The ADA prohibits employers from discriminating against individuals with disabilities in areas such as hiring and promotion decisions. The ICRA goes a step further, providing civil rights remedies for individuals facing discrimination based on disability in zones such as public accommodations, housing, and credit. Under the ICRA, individuals who have suffered discrimination on the basis of disability can file a complaint with the Indiana Civil Rights Commission. The commission will investigate the complaint and, if deemed valid, will determine whether reasonable efforts at mediation have been taken. If the mediation is unsuccessful, the commission may order the respondent to pay damages, including back-pay, compensatory damages, and/or attorney’s fees. In addition, individuals who are victims of disability discrimination can bring a civil action in court. The court can award compensatory damages, including pain and suffering, emotional distress, medical and outlays, reasonable attorney’s fees, and punitive damages. Furthermore, the court can also issue an injunction prohibiting the respondent from engaging in conduct that is likely to constitute discrimination in the future. In summary, individuals with disabilities in Indiana are afforded a variety of civil rights remedies when they suffer from discrimination on the basis of disability. These remedies can be sought through the Indiana Civil Rights Commission or through a civil action in court.

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