What types of damages can I get in a disability discrimination lawsuit?

Filing a disability discrimination claim against your employer allows you to recover compensatory damages and, in some cases, punitive damages. If you were treated unlawfully based on your disability, you may be entitled to monetary compensation for lost wages and emotional distress.

Compensatory damages are awarded to restore a worker to the same or similar position they would have been in had the disability discrimination not taken place. For example, if you were supposed to get promoted but then got fired based on your disability, you can recover the wages you would have earned had you not been discriminated against.

If a worker is terminated or can no longer keep working due to discriminatory treatment, they can recover back pay for lost wages from the last day worked until the case is settled. Back pay is not just limited to an employee’s salary or wages. It can include benefits, commissions and bonuses that the worker would have earned.

Employees may also recover front pay, which refers to lost future earnings. Front pay aims to compensate a worker who lost their job because of discriminatory reasons but was unable to find new employment with the same or better wages. Courts consider a variety of factors to determine how far into the future the lost wages should go. These include the employee’s age, duration of employment, age of retirement, likelihood of continuing employment if the disability discrimination had not occurred, and more.

Discrimination and wrongful termination can have a devastating impact on not just an employee’s livelihood but also their mental and emotional well-being. As a result, workers filing a disability discrimination claim may recover damages for past and future emotional distress. This type of compensation covers pain and suffering, depression, anxiety and uncertainty caused by the discrimination. If the employee had to seek mental health care, for example, the costs would be considered a part of emotional distress damages.

Punitive damages are awarded in certain cases to punish an employer for egregious behavior and deter others from similar misconduct. An employee seeking punitive damages is required to show that their employer acted with malice, oppression, fraud or willful disregard for others’ rights.

Employees pursuing a disability discrimination lawsuit have the right to recover attorney’s fees and court costs. Regardless, many law firms, including McCormack Law Firm, take cases on a contingency basis. This means the client does not have to pay a fee unless the law firm wins their case.

In disability discrimination claims, a court may require an employer to provide the employee with reasonable accommodations so that they can continue working. Additionally, employers may be ordered to change discriminatory workplace policies to prevent future unlawful treatment of workers.

If you believe your employer has discriminated against you based on your disability, reach out to an experienced San Francisco employment lawyer. McCormack Law Firm can help you recover full and fair compensation. We will calculate the types and amounts of damages you can expect to receive, along with helping you prove your case in court.