What Damages Are Available In A Disability Discrimination Claim?
Several different categories of damages are available in a workplace discrimination claim. The most common is lost wages. If you were wrongfully terminated on the basis of your disability, then lost wages during the period of unemployment between when you were fired and when you found new comparable employment can be awarded as part of your damages. In addition, if you were not able to find comparable employment and were forced to take a lower paying job, then the difference between what you are making at your new job and what you would have been making at your old job are also lost wages that can be obtained as part of a damages award in a discrimination case. In certain circumstances, the Americans with Disabilities Act allows for an award of compensatory damages, which are commonly referred to as emotional distress damages. Simply stated, this means that the emotional distress the employee suffered by having been discriminated against or harassed on the basis of their disability can form the basis for additional damages award.
In the most egregious of cases, if the employer meets a very high threshold for deplorable or egregious behavior, punitive damages might be available. An employee shouldn’t count on receiving punitive damages for disability discrimination, as they are rarely awarded, but it would certainly be worth discussing the possibility with your attorney.
Why Do I Need An Attorney To Represent Me In My Disability Discrimination In A Workplace Case?
An experienced employment discrimination attorney will have the knowledge and expertise that will allow you to navigate the system, and can give you a realistic assessment of how strong your case is and whether or not it is worth pursuing. An attorney will be able to make sense of the complex analysis of how these cases will be viewed by the courts. The elements that have to be proven in a disability discrimination case are numerous and interconnected. There are so many moving parts that trying to make it through the process without an attorney would be ill-advised.