How Much Is Your ADA Violation Case Worth?

The Americans with Disabilities Act (ADA) protects the rights of individuals with disabilities across various aspects of life, including the workplace. If you experience workplace discrimination, you may 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.

The worth of your ADA violation case depends on several factors. For example, the amount in disability discrimination settlements sometimes varies from what you can obtain in court. The level of preparedness can impact your chances of success and the case’s worth — so does the severity of the case.

What Is an ADA Violation Case Worth?

Each ADA violation case is unique, with various factors affecting its worth. Examples include:

1. Severity of the Violation

The extent to which your employer violated the ADA can impact the case’s worth. Typically, the more egregious the violation, the higher the monetary compensation. For example, if discrimination or retaliation results in wrongful termination, causing you to lose substantial amounts of money, the court will likely award more damages. Similarly, if the violation was deliberate or targeted, the court may award damages to penalize the employer and deter future occurrences.

The plaintiff’s circumstances can also impact the case. The court may award compensatory damages if discrimination or retaliation affects your life, health or employment status.

2. Company’s Track Record

Does the company have a track record of violating the ADA? What is the nature of the violation? For example, is there a trend or history of discrimination? This situation can increase your chances of success and damages awarded. In addition to compensatory damages, the court may also award punitive damages to punish the employer for their actions.

3. Ability to Properly Conduct the Case

How you conduct the case can determine its worth. Whether trial or settlement, it’s essential to consider a few things:

• Preparation: Case preparation involves gathering evidence and conducting legal research. Sufficient, credible evidence — such as proof of disability and discrimination — can help you build a stronger case, potentially leading to higher compensation. Proper legal research enables you to identify the relevant laws and precedents to enhance your arguments and potentially increase the case’s worth. Witness testimonies and their strength can also affect your case.
• Legal representation: Lawyers experienced in ADA cases will likely conduct cases better. These lawyers know the law and have probably handled similar cases. They can identify viable claims, anticipate defenses, and negotiate for the best possible outcome.
• Understanding damages: Properly calculating and presenting damages is crucial. For example, considering the financial and emotional impacts of the employer’s actions and demonstrating that can increase the potential damages.

Additionally, remember to comply with the filing deadlines and procedural requirements. Noncompliance can result in delays and potentially jeopardize your case.

ADA Lawsuits vs. Settlements

ADA cases can take two routes — settlement or trial. In disability discrimination and retaliation settlements, 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 regarding damages. However, reaching a settlement agreement can often save significant time and cost 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.

Possible Reliefs in ADA Violation Cases

Individuals pursuing ADA discrimination cases can receive relief and awards in various forms depending on the circumstances of their case. The remedy could be monetary or non-monetary:

1. Non-Monetary Relief

Non-monetary relief requires the employer to take specific actions, such as:

1. Reinstating the employee.
2. Providing requested reasonable accommodations.
3. Writing positive reference letters.
4. Changing and updating company policies.
5. 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 with a more proactive and preventive approach.

2. Monetary Relief

Monetary compensation or damages are in various forms. These include:

• Compensatory damages: This damage compensates the winning party for the losses suffered. It seeks to place you in the position you would have been in if not for the employer’s unlawful act. Compensatory damages cover medical expenses, pain and suffering, and emotional harm or distress.
• Nominal damages: This damage acknowledges that the employer breached your rights without significant losses. The amount is usually trivial. For example, you may claim nominal damages when the employer unintentionally or mistakenly violates the ADA without profound implications.
• Punitive damages: Punitive damages are monetary relief designed to punish employers for discriminatory actions, especially when the behavior is malicious or egregious. For example, if the employer deliberately implements harmful or unfair policies or when you can demonstrate a trend of discriminatory conduct, you may claim punitive damages.
• Back pay: This damage type allows you to claim funds you would have earned if you had stayed employed. It is common for employees who are wrongfully terminated because of their disability. Back pay also includes promotional discrimination, allowing you to claim salary differences if you had been promoted fairly.
• 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 uncertain, so the judge has considerable discretion regarding 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.
• Costs: Generally, each party pays its own attorney fees and other related expenses. However, sometimes, courts award costs to the winning party, allowing them to claim amounts spent litigating the matter. You may also negotiate to include those expenses if the case goes through mediation.  Many statutes protecting employees allow for recovery of attorney fees to a prevailing employee.

Learning the types of damages available helps you estimate how much you can get from the case. It also prepares you for the legal process.

Limits on Compensatory and Punitive Damages

The ADA and the United States 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.

These limits to not affect recovery for lost wages, which is not capped, and depending on your claims, other avenues of recovery may also be available, such as state claims under the Pennsylvania Human Relations Act.

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 solid legal team can help you navigate the legal system and negotiations to work toward the desired result.

Weisberg Cummings has experience 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 us today for a free consultation!