What Is the Potential Value of a Disability Discrimination Lawsuit?
Qualifications and the ability to perform the essential job function. These two factors are the only qualities which an employer is supposed to consider when making decisions about employment. This attention to qualifications and ability to perform the essential job functions apply to both applicants and current employees. The employer cannot determine employment based off of anything else because doing so is considered discrimination. Our employment lawyers are always ready to sue an employer and other responsible parties if you have faced injustice. If you have any questions after reading this article, please contact our law offices.
Some employers use other markers to determine whether or not an employee is a good fit for the job, and these other indicators are put through their internal prejudices against certain kinds of people which influence their decision. It is unlawful for employers to discriminate against applicants and employees if they belong to a protected class of people that have historically been discriminated against. Qualities that are protected by the law are things like race, sex, religion, country of origin, ethnicity, genetic information, and even disability.
If you have a disability, you employer cannot treat you any differently than those workers without a disability. In addition, if you ask for it, your employer may be required to provide reasonable accommodations in order to help you perform the essential job functions of your occupation. For example, an employer may be required to install a ramp, make the hallways easier through which to move, install a special desk to reach your desired height, and install an easy-access bathroom. Employers may be exempt from making such accommodations, however, if they can prove that making these accommodations will cause undue hardships – it is generally small businesses who do not have the available resources to comply with such a request that are exempt. A larger corporation is expected to do so because they tend to have the resources, and then some.
If you believe that you have been a victim of disability discrimination, you may have the grounds to file a lawsuit against your employer. Our Los Angeles attorneys help people who are victims of disability discrimination every single day. Headquartered in Los Angeles, our Los Angeles lawyers are active and able to assist in all of California. Whether you are in Los Angeles or San Francisco or any other city in California, we can help you. We can assist clients like yourself in answering questions regarding their troubling situation. Examples of such questions include:
- What is the average case value of a disability discrimination lawsuit?
- What’s the average case settlement for a disability discrimination lawsuit?
- I have a disability discrimination claim against my employer. How much is my case worth?
- How much is my disability discrimination case worth?
- What’s the value of a disability discrimination lawsuit?
- How much is a disability discrimination lawsuit worth?
Here are a few things you should know regarding the value of your disability discrimination case and how to proceed if you believe that you were a victim of disability discrimination.
What Damages Are Available to Me?
If you believe that you have been a victim of disability discrimination, you may have the grounds to file a lawsuit against your employer. If you and your attorney can prove that your employer acted and discriminated against your disability, you can be awarded monetary compensation for the damages that your employer caused you to have. Below are the damages which could be rewarded to you, the victim of disability discrimination:
- Back pay: This type of pay is allotted to victims of discrimination who were also wrongfully terminated. It is a payment that makes up for all of the lost wages that you would have made if your employer did not wrongfully terminate you. The period for these payments is from the day you were terminated up until the last day of court
- Front pay: Because the employee has launched a lawsuit against their employer for disability discrimination, relations may not be the most friendly. In fact, in some cases, the tension is so palpable it can be cut with a knife. And so reinstatement may not be the most feasible option. Front pay is an amount of the earning you would have made post-trial into the future to help you stay on your feet until you find a new job.
- Lost benefits: Normally, when one is terminated from employment they also lose their benefits like health care, retirement plan, and other such benefits. In a disability discrimination case, the courts may quantify this amount and reward it to the victim.
- Attorney fees: In most cases, the courts may also include the attorney’s fees in the amount rewarded to the victim of discrimination. So that none of your monetary damages you receive will be deducted.
- Emotional distress: Having a disability is already bad enough, but it having an impact on your employment may push it over the edge. Being discriminated against can have severe emotional trauma, and the courts may decide to reward some compensation over the trauma you may have faced as a result of the wrongful termination or discipline.
- Punitive damages: When the courts rule that the employer acted with malicious intent – in this case, that your employer knew about your disability and went out of his way to make work harder for you, despite the laws of the land – the courts may force the employer to pay punitive damages. This monetary consequence is punishment for the employer’s blatant disregard for the law.
Each case is different with multiple variables surrounding every case. The amount you are allotted depends on the amount you were making at your previous job and how badly the discrimination hurt your personal life.
How to File a Disability Discrimination Lawsuit
Before you hand over your lawsuit to your employer, you must follow a procedure in order to put yourself in the best position possible to prove your disability discrimination suit to the courts. This means that you have to file a charge with a government employment office first before anything else. There are two possible government employment offices which have been mentioned above: the EEOC and DFEH, the federal agency and the state agency, respectively. The EEOC and the DFEH are in a work-sharing agreement; when you file a charge with one employment agency, another identical copy is sent to the other agency in order to prevent any duplicate charges being sent out. (This is called dual filing.) The reason that it duplicates is to fully protect your rights under both state and federal laws.
You can file a charge with the EEOC by visiting one of their offices – you should visit the EEOC office that is closest to your place of employment – or by mailing in your complaint. Every EEOC office has its own policies regarding walk-ins and appointments, so before you go charging into the office, please make check the EEOC’s policies because they may not be able to take you in. Assuming you’ve made your appointment, they will have you fill out a questionnaire which serves to give them the most information possible to help prove your case. When you walk in, be prepared to answer the following questions.
- Your name, address, and telephone number;
- Name, address, telephone number, employment agency of your employer;
- The number of workers that are under employment;
- A short description of the events that occurred (including when and where) which led you to believe that you faced discrimination at work – it is important that you state the kind of discrimination you faced. In this case, it’s “Disability Discrimination;”
- Names, addresses, and telephone numbers of any witnesses.
If you choose to mail it in, you have to submit everything that is listed above in the envelope. NOTE: Please include your signature in the envelope! The government agency cannot legally conduct an investigation if they do not have your signed authorization.
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The California Labor Law Employment Attorneys Group is here to help you get the damages to which you are entitled. We offer free consolation and the zero-fee guarantee. Free consultation gives you the opportunity to sit down with one of our attorneys and explain your case. They will give you their initial thoughts, and you are then free to either hire our services or not – there is no financial obligation on your part! The zero-fee guarantee is our promise to you that we will use every available resource to prove your case. This is because if we do not prove your case, you will not pay for our services. This removes all of your financial risks, so you have every reason to contact us if you believe your rights have been infringed upon. Contact us today!