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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 118670
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In the State of California, if an Employment lawyer proves

Customer Question

In the State of California, if an Employment lawyer proves an individual's case of ADA Discrimination occurred at a company 10K+ employees, is there a cap on how much the individual is compensated? What are the different categories that determine compensation (i.e., emotional distress, pain and suffering, punitive damages)? What falls under those categories (for instance, if we're having financial difficulties as a result of discrimination, does that fall under Emotional Distress? If a settlement is made, what determines the outcome of how much is paid?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is no cap on ADA discrimination cases. The ADA cases award whatever actual damages plus emotional distress damages and punitive damages the court finds reasonable. You have actual damages, emotional distress damages and then punitive damages which cannot exceed 3 times the total actual damages/emotional damages.

Actual damages would likely cover the losses incurred by the actions taken against you directly related to the actions. So if you lost your house because of the actions they took against you, that would be an actual loss directly related to the ADA violation.