Legal Rights of Individuals with Disabilities: Understanding the ADA

Explore the Americans with Disabilities Act (ADA) and its significance in protecting the rights of individuals with disabilities. Understand the goals, scope, provisions, and enforcement of the ADA, including reasonable accommodations, accessibility measures, and prevention of discrimination.

Legal Rights of Individuals with Disabilities: Understanding the ADA

The Americans with Disabilities Act (ADA) is a landmark piece of civil rights legislation enacted in 1990 to protect the rights of individuals with disabilities and promote equality, accessibility, and inclusion across various domains of life.

The ADA was signed into law on July 26, 1990, by President George H.W. Bush, marking a significant milestone in the fight for disability rights in the United States. The ADA was the culmination of decades of advocacy efforts by individuals with disabilities, disability rights organizations, and supporters who sought to address discrimination and barriers faced by people with disabilities.

Since its enactment, the ADA has undergone several amendments and updates to strengthen its provisions and expand protections for individuals with disabilities. The ADA Amendments Act (ADAAA) of 2008, in particular, clarified the definition of disability and broadened the scope of ADA protections to encompass a wider range of impairments.

Goals and Objectives of the ADA

Promoting Equality: The ADA aims to ensure that individuals with disabilities have the same opportunities, rights, and privileges as individuals without disabilities, thereby fostering a more equitable society.

Ensuring Accessibility: The ADA mandates accessibility accommodations to remove physical, architectural, and communication barriers that may prevent individuals with disabilities from fully participating in society. This includes accessible facilities, technology, and transportation services.

Fostering Inclusion: The ADA promotes the full integration and inclusion of individuals with disabilities in all aspects of community life, including employment, education, public services, and recreational activities.

Scope of the ADA

- Employment: The ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including recruitment, hiring, promotions, and job benefits.

- Public Accommodations: The ADA requires businesses, government agencies, and other entities that provide goods and services to the public to ensure accessibility for individuals with disabilities. This includes accommodations such as wheelchair ramps, accessible parking spaces, and assistive technology.

- Transportation: The ADA mandates accessibility requirements for public transportation services, including buses, trains, and paratransit services, to ensure that individuals with disabilities have equal access to transportation options.

- Telecommunications: The ADA requires telecommunications companies to provide relay services for individuals with hearing or speech disabilities, ensuring equal access to telephone communication.

Provisions and Protections Under the ADA

Key Provisions and Protections

- Reasonable Accommodations: Employers, businesses, and other entities covered by the ADA are required to provide reasonable accommodations to individuals with disabilities, including modifications to policies, practices, or physical environments that enable them to perform essential job functions or access goods and services.

- Accessibility Requirements: The ADA mandates accessibility standards for public facilities, transportation services, telecommunications, and other areas to ensure that individuals with disabilities have equal access to services, programs, and facilities. This includes requirements for wheelchair ramps, accessible parking spaces, Braille signage, and assistive technology.

- Non-Discrimination Policies: The ADA prohibits discrimination against individuals with disabilities in all aspects of life, including employment, public accommodations, transportation, and telecommunications. Discrimination based on disability status is prohibited in recruitment, hiring, promotions, job assignments, and other employment practices.

ADA Titles I, II, and III

- Title I - Employment: Title I of the ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including recruitment, hiring, job assignments, promotions, and benefits. Employers with 15 or more employees are covered under Title I.

- Title II - State and Local Government Services: Title II of the ADA prohibits discrimination against individuals with disabilities by state and local government entities, including public transportation services, public schools, and government offices. Title II requires state and local governments to ensure equal access to programs, services, and activities for individuals with disabilities.

- Title III - Public Accommodations: Title III of the ADA prohibits discrimination against individuals with disabilities by private businesses and non-profit organizations that provide goods and services to the public. Title III covers a wide range of entities, including restaurants, retail stores, hotels, theaters, and healthcare facilities. It requires businesses to remove physical and communication barriers and provide reasonable accommodations to individuals with disabilities.

ADA Amendments Act (ADAAA)

The ADA Amendments Act (ADAAA) of 2008 expanded the definition of disability under the ADA and clarified the scope of ADA protections. The ADAAA broadened the definition of disability to include impairments that substantially limit major life activities, such as walking, seeing, hearing, and learning. It also emphasized that the determination of disability should be made without considering mitigating measures, such as medication or assistive devices. The ADAAA aimed to ensure that individuals with disabilities receive the full protections of the ADA and are not unfairly denied accommodation or protection due to overly restrictive interpretations of disability.

Rights and Responsibilities of Individuals and Entities Under the ADA

Rights of Individuals with Disabilities

- Right to Reasonable Accommodations: Individuals with disabilities have the right to reasonable accommodations in employment, public accommodations, and other areas covered by the ADA. Reasonable accommodations are modifications or adjustments that enable individuals with disabilities to perform essential job functions, access goods and services, and participate in programs or activities.

- Equal Access to Facilities and Services: Individuals with disabilities have the right to equal access to facilities, programs, and services provided by businesses, government agencies, and other entities covered by the ADA. This includes accessible entrances, pathways, restrooms, communication aids, and other accommodations necessary for full participation.

- Protection Against Discrimination: Individuals with disabilities are protected against discrimination based on their disability status. Discrimination can take various forms, including refusal to provide reasonable accommodations, harassment, segregation, and unequal treatment in employment, public accommodations, and other contexts covered by the ADA.

Responsibilities of Entities Covered by the ADA

- Providing Reasonable Accommodations: Employers, businesses, and other covered entities are required to provide reasonable accommodations to individuals with disabilities, unless doing so would cause undue hardship. This may include modifications to policies, practices, or physical environments to enable individuals with disabilities to perform essential job functions or access goods and services.

- Ensuring Accessibility: Covered entities must ensure that their facilities, programs, and services are accessible to individuals with disabilities. This may involve removing physical barriers, providing accessible communication aids, and implementing other accommodations to ensure equal access and participation.

- Preventing Discrimination: Covered entities are prohibited from discriminating against individuals with disabilities in employment, public accommodations, and other areas covered by the ADA. This includes refraining from discriminatory practices such as refusal to hire, failure to provide reasonable accommodations, and harassment based on disability status.

Common Accommodations and Accessibility Measures

Wheelchair Ramps and Accessible Entrances

   - Wheelchair ramps provide individuals using wheelchairs or other mobility devices with access to buildings and facilities. These ramps should have appropriate slopes, handrails, and landing areas to ensure safety and ease of use.

   - Accessible entrances should be equipped with automatic doors, clear signage, and non-slip surfaces to accommodate individuals with mobility impairments.

Accessible Parking Spaces

   - Accessible parking spaces are designated parking spots reserved for individuals with disabilities. These spaces are located close to building entrances and feature wider aisles to facilitate wheelchair access.

   - Accessible parking spaces should be clearly marked with signage and comply with ADA requirements for dimensions and accessibility features.

Sign Language Interpreters and Communication Aids

   - Sign language interpreters facilitate communication for individuals who are deaf or hard of hearing. They translate spoken language into sign language and vice versa to ensure effective communication in various settings, such as meetings, presentations, and events.

   - Communication aids, such as assistive listening devices and captioning services, enhance accessibility for individuals with hearing impairments by providing alternative means of communication.

Assistive Technology and Adaptive Equipment

   - Assistive technology encompasses a wide range of devices and software designed to assist individuals with disabilities in performing tasks, accessing information, and navigating their environments.

   - Examples of assistive technology include screen readers for individuals with visual impairments, voice recognition software for individuals with mobility impairments, and specialized keyboards or switches for individuals with dexterity limitations.

Reasonable Accommodations in the Workplace

   - Reasonable accommodations in the workplace may include modifications to job duties, flexible work schedules, ergonomic furniture, and accessible workstations.

   - Employers are required to engage in an interactive process with employees to determine appropriate accommodations based on individual needs and job requirements.

Accommodations in Educational Settings

   - In educational settings, accommodations may include extended time for exams, note-taking assistance, accessible course materials, and classroom modifications to accommodate mobility devices.

   - Educational institutions are obligated to provide equal access to educational programs and services for students with disabilities, ensuring that they have the opportunity to participate fully in academic activities.

Challenges and Enforcement of ADA Compliance

Challenges to ADA Compliance

- Lack of Awareness: One of the primary challenges to ADA compliance is a lack of awareness about ADA requirements and obligations. Many individuals, businesses, and organizations may not fully understand their responsibilities under the ADA, leading to unintentional violations.  

- Financial Constraints: Implementing ADA-compliant accommodations and accessibility measures can incur significant costs for businesses and organizations, particularly small businesses and non-profit entities with limited resources. Financial constraints may hinder efforts to make necessary modifications and improvements to ensure accessibility.  

- Resistance to Change: Some entities may resist changes required for ADA compliance due to concerns about disruption to existing operations, logistical challenges, or misconceptions about the ADA's impact on business practices. Overcoming resistance to change requires education, advocacy, and dialogue to foster understanding and acceptance of ADA requirements.

Enforcement Mechanisms and Agencies

- U.S. Department of Justice (DOJ): The DOJ is responsible for enforcing ADA regulations and investigating complaints of ADA violations. The DOJ's Civil Rights Division oversees ADA enforcement efforts, including conducting investigations, issuing guidance documents, and litigating cases of non-compliance.  

- Equal Employment Opportunity Commission (EEOC): The EEOC enforces ADA provisions related to employment discrimination and reasonable accommodations. The EEOC investigates complaints of discrimination, provides technical assistance to employers and employees, and may initiate legal action against employers found to be in violation of ADA requirements.

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آراء العملاء

قصص حقيقية. نتائج ملموسة. من قضايا الإصابات الشخصية إلى انتصارات الحقوق المدنية، يثق عملاؤنا في شركة ماركو للمحاماة لتحقيق العدالة في الأوقات الأكثر أهمية. استمع إلى ما يقوله الناس في جميع أنحاء ميشيغان عن تجربتهم مع فريقنا القانوني.

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Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌

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I’ve been working with attorney Michael Jones for the past two years and I can honestly say I couldn’t have asked for a more dedicated or determined attorney. He has never given up on my case and continues to fight hard to make sure justice is served. He truly cares about his clients and it shows in everything he does. I’m so grateful for his commitment, integrity, and perseverance. I highly recommend him to anyone who needs a lawyer who will stand by you every step of the way.

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Michael Jones and his team have been nothing but kind courteous and very knowledgeable on any question that I have had this far. They always answer my questions and walk me through this process. I would recommend Marko law and Michael and his assistant Dae to anyone who needs a outstanding law firm

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From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026

Ken
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Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

Danielle Burkes
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I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.

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In my opinion, if injured in an auto accident, this is "The Best Ever Law Firm!" Marko Law is excellent! My case was handled very well! I appreciate the time Alex Kay spent with me to ensure I received the maximum payout for my case! His assistant/Paralegal Tracey was also great in handling everything Alex needed to close my case etc. Alex Kay is an awesome attorney and family man! I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted Law Firm! They are the real deal if you need a maximum payout from your case! Special thanks to Jon Marko, Alex Kay, and Tracey! Kudos to everyone on the Marko Law Team!

Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
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Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case thus far, and his expertise has made a stressful situation feel much less daunting. I've never dealt with a lawsuit before and he's been nothing but attentive and informative throughout the process. I'm thankful for the opportunity to work with him and hopefully things will continue to go smoothly with my suit.

Tiffany
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Ariel Kellersohn is the best in business. If you want a lawyer who dedicates herself to your case, you have found the right place. Ariel goes above and beyond all expectations I had. Not only does she uphold herself to the highest standards of professionalism, she is also very personable and easy to talk to and makes you feel confident in your legal team. 10/10 if I could leave more than 5 stars I would!

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Having Marko law handle my case was the best decision I made. Alex Kay was excellent he understood what I have been through and fought for me every step of the way. Alex dedication, hard work, and experience guided my case to a successful settlement. I can’t thank Marko Law enough for what they done for me. I would recommend them for any legal support you need.

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Reno Arabo. What a fantastic experience I had working with the firm. You were extremely helpful. You made me feel like you cared about me and not about making money. The communication was amazing was amazing. You kept me informed and updated on all aspects of my case. You asked me questions and listened to what I thought instead of telling me what to do. I would 100% recommend you and your fund. 06/2026

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They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.

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Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!

Mike Hathaway
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Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again! 1/18/2022

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I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.

Olivia H.
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The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm! 4/02/2017

Ruvayn R.
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Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team! 1/19/2022

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The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.

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He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:) 5/27/2020

Holly L.
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I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars! 8/12/2020

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Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016

Joe S.
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John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.

Camilla Barnes
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Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!

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Marko Law exemplifies professionalism and diligence even when taking on the most laborious cases. Their impressive performance is reassuring when handling such significant and critical issues. You truly feel protected and secure when handing Marko law your vulnerability. They will always fight to protect your rights. 5/12/2021

Allie S.
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★★★★★

Good evening, gentlemen! Just wanted to pop in and give a big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way — and trust me, that’s a high compliment coming from me. In a world full of soft millennials, this guy is built different. John Eads & Gasper tag-teamed those negotiations like champs, especially with a mediator and attorney who were… let’s just say “extra spicy” with a side of confusion. Either way, I wanted to send some love and let you know I’ll be sending clients your way for the foreseeable future.

Erick Monzo
Quote icon
★★★★★

Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌

Jessica Kelly
Quote icon
★★★★★

I’ve been working with attorney Michael Jones for the past two years and I can honestly say I couldn’t have asked for a more dedicated or determined attorney. He has never given up on my case and continues to fight hard to make sure justice is served. He truly cares about his clients and it shows in everything he does. I’m so grateful for his commitment, integrity, and perseverance. I highly recommend him to anyone who needs a lawyer who will stand by you every step of the way.

Tamara Murphy
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★★★★★

Michael Jones and his team have been nothing but kind courteous and very knowledgeable on any question that I have had this far. They always answer my questions and walk me through this process. I would recommend Marko law and Michael and his assistant Dae to anyone who needs a outstanding law firm

Aaron Thomas
Quote icon
★★★★★

From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026

Ken
Quote icon
★★★★★

Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

Danielle Burkes
Quote icon
★★★★★

I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.

Geri Wilson
Quote icon
★★★★★

In my opinion, if injured in an auto accident, this is "The Best Ever Law Firm!" Marko Law is excellent! My case was handled very well! I appreciate the time Alex Kay spent with me to ensure I received the maximum payout for my case! His assistant/Paralegal Tracey was also great in handling everything Alex needed to close my case etc. Alex Kay is an awesome attorney and family man! I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted Law Firm! They are the real deal if you need a maximum payout from your case! Special thanks to Jon Marko, Alex Kay, and Tracey! Kudos to everyone on the Marko Law Team!

Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
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★★★★★

Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case thus far, and his expertise has made a stressful situation feel much less daunting. I've never dealt with a lawsuit before and he's been nothing but attentive and informative throughout the process. I'm thankful for the opportunity to work with him and hopefully things will continue to go smoothly with my suit.

Tiffany
Quote icon
★★★★★

Ariel Kellersohn is the best in business. If you want a lawyer who dedicates herself to your case, you have found the right place. Ariel goes above and beyond all expectations I had. Not only does she uphold herself to the highest standards of professionalism, she is also very personable and easy to talk to and makes you feel confident in your legal team. 10/10 if I could leave more than 5 stars I would!

Trinity Delaney
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★★★★★

Having Marko law handle my case was the best decision I made. Alex Kay was excellent he understood what I have been through and fought for me every step of the way. Alex dedication, hard work, and experience guided my case to a successful settlement. I can’t thank Marko Law enough for what they done for me. I would recommend them for any legal support you need.

Joe Hinkle
Quote icon
★★★★★

Reno Arabo. What a fantastic experience I had working with the firm. You were extremely helpful. You made me feel like you cared about me and not about making money. The communication was amazing was amazing. You kept me informed and updated on all aspects of my case. You asked me questions and listened to what I thought instead of telling me what to do. I would 100% recommend you and your fund. 06/2026

M. Solomon
Quote icon
★★★★★

They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.

Hothman Misane
Quote icon
★★★★★

Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!

Mike Hathaway
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★★★★★

Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again! 1/18/2022

Monique T.
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★★★★★

I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.

Olivia H.
Quote icon
★★★★★

The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm! 4/02/2017

Ruvayn R.
Quote icon
★★★★★

Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team! 1/19/2022

Lauren G.
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★★★★★

Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients. 5/12/2016

Hamid S.
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★★★★★

The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.

Dawn R.
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★★★★★

He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:) 5/27/2020

Holly L.
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★★★★★

I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars! 8/12/2020

Marissa W.
Quote icon
★★★★★

Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016

Joe S.
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★★★★★

John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.

Camilla Barnes
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★★★★★

Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!

Andy R.
Quote icon
★★★★★

Marko Law exemplifies professionalism and diligence even when taking on the most laborious cases. Their impressive performance is reassuring when handling such significant and critical issues. You truly feel protected and secure when handing Marko law your vulnerability. They will always fight to protect your rights. 5/12/2021

Allie S.

ماركو لو ستمنحك صوتاً مسموعاً

في ماركو لو، نحن لا نكتفي بتولي القضايا فحسب، بل نتخذ موقفاً حازماً. سواء كنت تواجه إصابة، أو ظلماً، أو إهمالاً صريحاً، فإن فريقنا يقاتل من أجلك وكأن الأمر شخصي — لأنك كذلك بالفعل.

  • أكثر من 2 مليار دولار تم استردادها لعملائنا
  • سجل حافل في قضايا الحقوق المدنية، والإصابات الشخصية، والعدالة في مكان العمل
  • استشارات مجانية وسرية — لن تدفع شيئاً ما لم نكسب القضية
  • مقرنا في ديترويت، ميشيغان؛ ونحظى بالثقة على مستوى البلاد


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