The Law
Federal Law - The Americans with Disabilities Act (ADA) – prohibits employers from discriminating against an employee because of the employee’s disability. The ADA also requires an employer to make such reasonable accommodations for disabled employees unless doing so would impose an undue hardship on the employer’s business operations.
Washington State Law – RCW 49.60 - an employee must establish the following requirements to prove a claim of unlawful disability discrimination:
- 1. He or she has a disability
- 2. He or she is able to perform the essential functions of the job in question with or without a reasonable accommodation and
- 3. His or her disability was a significant or substantial factor in the employer’s adverse employment action
Recovery
In a disability discrimination case, a prevailing employee is entitled to recover the following damages:
- 1. Back pay – including wages and fringe benefits
- 2. Future earnings and fringe benefits
- 3. Emotional damages – no limit under Washington law
- 4. Expenses incurred due to the wrongful discharge – no limit under Washington law
- 5. Punitive damages – only under Federal Law when appropriate and limited to $300,000
Pauley Law Group,pllc has represented both management and employees in a variety of employment related disputes including disability discrimination. Pauley Law Group, pllc also has significant experience in the resolution of employment cases–both in the trial court and through alternative dispute resolution–and have tried dozens of these cases to verdict.
If you or your business has an issue concerning disability discrimination, please contact either Tim or Ryan Pauley at 206-684-9454.
The material on this web site is for informational purposes only. We are not providing legal advice. Using this website does not create an attorney-client relationship between Pauley Law Group, pllc and the user or browser. You should contact the attorneys at Pauley Law Group, pllc directly to obtain legal advice or legal representation.
