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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Education Law
Satisfied Customers: 18361
Experience:  B.A.; M.B.A.; J.D.
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Can you take any legal action against your New York City

Customer Question

Can you take any legal action against your New York City public school teachers for documenting ridicule for "potentially" having a mental disability as a child, because that would be discrimination for possibly having a mental disability since it violates the Americans with Disabilities Act (1991)? The person is 29 years old.
Submitted: 7 months ago.
Category: Education Law
Expert:  Phillips Esq. replied 7 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

I am sorry, but I do not understand your post.

Kindly clarify,

Thank you for your cooperation,

Customer: replied 7 months ago.
It is against the law to discriminate against someone for having or "possibly" having a mental disability. This form of discrimination violates the Americans with Disabilities Act (1991). My question is: What if school teachers documented this form of ridicule against a child that is now 29 years old during a youngster's childhood, is there still a possibility for this youth that's now an adult to take legal action?
Expert:  Phillips Esq. replied 7 months ago.

Thank you for the information.

It is against the law to discriminate against someone for having or "possibly" having a mental disability. This form of discrimination violates the Americans with Disabilities Act (1991). My question is: What if school teachers documented this form of ridicule against a child that is now 29 years old during a youngster's childhood, is there still a possibility for this youth that's now an adult to take legal action?

Response: Regrettably, no. The Statute of Limitations has run out on the case. The ADA Statute of Limitations is the same as the State's personal injury Statute of Limitations, which is three years. See New York Civil Practice Law & Rules Article 2 Sections 214 and 215.

I am sorry that I do not have better news for you.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 7 months ago.
Can't what the teacher's did be considered a form of child abuse?
Expert:  Phillips Esq. replied 7 months ago.

It can be. However, the Statute of Limitations is also 3 years. So, it is doubtful that the Prosecutor would go after the teachers after all these years.

Customer: replied 7 months ago.
What about with the case of the Catholic Church and their molestation scandals, because that child abuse went back years and justice was able to be done?
Expert:  Phillips Esq. replied 7 months ago.

I will opt out and let another Attorney further assist you.

Customer: replied 7 months ago.
ok