Legal Law

How Much Can You Sue For Disability Discrimination?

Disability Discrimination

When pursuing a disability discrimination lawsuit, it is important to consider your options carefully. The damages you may recover include lost wages and benefits, but you can also receive compensation for pain and suffering. Emotional distress damages include anxiety, depression, mental suffering, and fear of the future. Typically, disability discrimination lawsuits are settled for less than $50,000. However, if the company refuses to settle, you can also pursue punitive damages. Punitive damages are intended to punish the employer and should only be sought under extreme circumstances.

In the event you are successful in your lawsuit, your lawyer will collect evidence and create a complaint. This document contains basic details of your case, including any actions the company took that affected your health. If the employer refuses to settle, your lawyer will argue that it was an intentional act of discrimination and seek compensation for your pain and suffering. However, if the employer is willing to settle, you should expect to receive a settlement amount equal to or higher than the amount you would have won in a lawsuit.

disability lawyer

The EEOC’s deadline for filing a complaint is 180 days from the date of discrimination. If a state or local law prohibits disability discrimination, this timeframe may be extended to 300 days. If your lawsuit is unsuccessful, the EEOC will investigate your case and attempt to reach a settlement agreement with the company. Otherwise, it will file a lawsuit on your behalf and issue a right-to-sue letter.

How Much Can You Sue For Disability Discrimination?

Whether your complaint involves physical or mental disabilities, the ADA protects employees from discrimination based on their condition. Private employers must abide by this act. They cannot discriminate against employees with disabilities by refusing to hire them or by wrongfully impugning them as disabled. Furthermore, employers cannot fire or refuse to advance them based on their disability. The ADA also defines disability as a physical or mental impairment, which includes diseases such as cancer.

A disability discrimination attorney is an important asset for victims of wrongful termination and disability discrimination. The lawyer will assess your case, determine whether your disability qualifies for wrongful termination, and negotiate a settlement with your employer. If this doesn’t yield a satisfactory resolution, the attorney will file a charge with the EEOC on your behalf. If necessary, the lawyer will file a lawsuit on your behalf, and represent you throughout the process.

While disability discrimination lawsuits are complicated and expensive, they do not have to be difficult to file. In many cases, the employee and employer will reach a settlement in which you can claim for damages. The amount you may be able to recover will depend on the type of disability discrimination you suffered. For example, if an employer did not provide an employee with reasonable accommodations, they could be found liable for wrongful discharge under the ADA.