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
If you believe that you have been the subject of disability-based discrimination or retaliation, contact Tim or Ryan Pauley at the Pauley Law Group, pllc. Both are attorneys and practice in this area.
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.
