The Americans with Disabilities Act (ADA) protects the rights of individuals with disabilities across aspects of life, including the workplace. If you experience discrimination at your job, you can hold your employer accountable by bringing a case against them under the ADA. You can begin by submitting discrimination complaints and potentially filing a lawsuit against your employer.
Settlements vs. Trials
When you want to act against an employer who violated ADA regulations and standards, your case can take two routes — settlement or trial. With a settlement, the parties agree outside of court, sometimes moderated by an external organization that handles discrimination investigations and enforcement or by an experienced mediator. You can still argue for your rights and needs, but you will likely have to compromise with your employer when it comes to damages. However, reaching a settlement agreement can often save significant time and cost when compared to bringing a lawsuit from start to finish.
In a trial, you can plead your case before a judge and jury, depending on the scope of the case. Trials can help individuals receive more comprehensive relief and awards following discrimination. However, you must have more substantial evidence and proof, and the cost and time associated with a trial can be significantly more taxing than reaching a settlement agreement.
Damages and Relief
Individuals pursuing ADA discrimination cases can receive relief and awards in various forms depending on the circumstances of their case. When you want to understand the potential outcomes of your case, knowing what types of damages are available in disability discrimination lawsuits and settlements can prepare you for legal processes.
Monetary vs. Non-Monetary Relief
When seeking ADA violation awards, you can receive relief through a monetary payment and/or by requiring your employer to complete certain actions. These non-monetary settlements take many forms, depending on the circumstances surrounding each case and what the individual might like to see from their current or former employer. Some examples of non-monetary relief include:
- Rehiring the employee.
- Providing requested reasonable accommodations.
- Writing positive reference letters.
- Changing and updating company policies.
- Requiring disability and ADA training.
Non-monetary relief can provide the services and resources individuals need to continue thriving in the workforce while implementing changes that can help others like them in the future for a more proactive and preventative approach.
Types of Damages
When seeking monetary relief, you can receive payments for various types of damages you experienced because of your employer’s discrimination. Understanding what you can receive may optimize your settlements and payouts. Some financial damages for ADA violation settlements include:
- Back pay: This payment type is common for employees who were wrongfully terminated from their position because of their disability. Here, employers will pay employees the funds they would have earned if they had stayed employed with them. This damages type can also include promotional discrimination, providing employees with the salary difference they would have gotten if promoted fairly. Back pay is determined based upon wage loss through the time of settlement or trial.
- Front pay: An award of front pay provides individuals with a projection of estimated wage loss for some period from the date of settlement or trial into the future. Determining front pay is considered speculative because predicting future wage loss is often uncertain, so considerable discretion is given to the judge in terms of how far into the future front pay will be awarded.
- Other lost pay and benefits: If employers deny employees other benefits because of their disability, employees could receive monetary damages payments to replace their lost benefits. Some benefits include vacation time, bonuses, pension and health care costs.
- Compensatory damages: When bringing up an ADA violation claim, individuals can also seek monetary relief for emotional harm and distress. The distress category applies to various experiences, including loss of sleep, psychiatric conditions, mental anguish, strained relationships, reputational damage and decreased enjoyment of life. It can also cover associated costs with distress caused by discrimination, like seeking professional mental health services or other medical expenses.
- Punitive damages: Punitive damages are monetary relief designed to punish employers for discriminatory actions, especially when behavior was malicious or particularly egregious.
- Legal fees: When a victim prevails on a discrimination claim, the employer can be held accountable for covering the victim’s attorney fees and expenses. This relief is particularly helpful as the cost of an attorney and legal fees can quickly drain personal accounts.
- Miscellaneous expenses: Other expenses can come from ADA discrimination suits, such as expert witness fees and research. Damages covering these expenses are typically recoverable by a successful ADA plaintiff.
These damages are intended to put victims back in the position they were in before the discrimination took place and can help to deter future acts of discrimination.
Limits on Compensatory and Punitive Damages
When seeking monetary relief for damages caused by discrimination, individuals should know that the ADA and the U.S. Equal Employment Opportunity Commission (EEOC) have established limits on the damages a person can receive. These limits vary depending on the size of the employer:
- Companies with 15-100 employees: When suing a company of this size, you can receive punitive and compensatory relief totaling up to $50,000.
- Companies with 101-200 employees: Lawsuits against companies of this size can result in relief equaling $100,000.
- Companies with 201-500 employees: Individuals suing for ADA violations in this category can receive up to $200,000 in punitive and compensatory damages.
- Companies with over 500 employees: For companies with more than 500 employees, individuals can get up to $300,000 in punitive and compensatory relief for their ADA discrimination lawsuits.
Depending on your claims, other avenues of recovery may also be available, such as state claims under the Pennsylvania Human Relations Act.
What Is an ADA Violation Case Worth?
Discrimination cases and ADA violation lawsuit settlement amounts vary depending on the factors involved. Each case had unique circumstances, from the discriminatory behavior to the company size. All case elements can impact the outcome of trials and the relief ultimately granted by a judge. Some factors that can affect case outcomes include:
- The degree of discrimination.
- Provided evidence, like proof of disability and discrimination.
- Witness testimonies and their strength.
- Company track record, such as a history of discrimination cases.
Working with an employment attorney throughout your case can help individuals pursuing ADA violation cases understand their position and determine what they could realistically receive from settlements and lawsuits based on your case circumstances.
Discuss Your Case With Employment Attorneys From Weisberg Cummings
When preparing for an ADA discrimination case, employment attorneys can provide advice and insight into proceedings based on your case’s unique circumstances and evidence. Whether seeking a settlement or lawsuit, a strong legal team can help you navigate contracts and negotiations to work toward the desired result.
Weisberg Cummings specializes in employment law, working with individuals to navigate federal and Pennsylvania legal processes like ADA discrimination cases. When you partner with us, you can trust our teams to treat your case with personalized care and undivided attention, so you can receive the support you need during proceedings and court dates.
Contact Weisberg Cummings today for a free consultation and establish a plan to proceed with your individualized ADA discrimination case.
