WHAT ARE DAMAGES UNDER THE ADA?
When a disabled person sues under the Americans with Disabilities Act (ADA), they are technically suing for injunctive relief. This means that the disabled person is suing for the court to order the defendant to stop discriminating against the disabled person (either by ordering the defendant to do a certain act, or by ordering the defendant to stop doing a certain act).
Nevertheless, in addition to injunctive relief, a disabled person may want compensation. After all, a disabled person who has suffered discrimination may want a more fulfilling outcome than simply having the defendant stop their illegal conduct. The disabled person may want compensation for their suffering.
Unfortunately, the ADA does not provide for damages. Rather, the only money a disabled person in entitled to is “…reasonable attorney’s fee[s], including litigation expenses, and cost[s]…”
THERE IS GOOD NEWS:
However, do not worry. Even if you are not entitled to damages under the ADA, in California, under the Unruh Act, and the Disabled Persons Act, you are entitled to “…actual damages but in no case less than four thousand dollars ($4,000.00)...” This means in California you are automatically entitled to a minimum of four-thousand dollars ($4,000.00) for each qualified act of discrimination. However, just because you are entitled to a mininum of four-thousand dollars does not mean you cannot be compensated for more. The four-thousand dollars is a floor. Not the ceiling. Your attorney will sue under the Unruh Act and Disabled Persons Act when your attorney sues under the ADA.
In contrast to California, in Nevada, there are no statutory damages in Nevada’s corresponding civil rights statute. However, even though Nevada does not provide for statutory damages under NRS §651.070, your attorney may be able to get you actual damages and use additional theories of liability to ensure that you are fairly compensated.
DO YOU HAVE QUESTIONS ABOUT YOUR POTENTIAL DAMAGES? DO YOU WANT TO KNOW WHAT COMPENSATION YOU MAY BE ENTITLED TO? CALL FOR YOUR FREE CONSULTATION.
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