If you are considering filing an American with Disabilities Act claim, a Costa Mesa employment attorney can explain that there are strict time guidelines. Additionally, there are damages caps that you should be aware of.

Timing Requirements

Your Costa Mesa employment lawyer can explain that you must exhaust administrative remedies before you can proceed with your claim. This process requires you to first file a charge with the Equal Employment Opportunity Commission within 180 days after the harassment or other violation of the law occurred or within 30 days after the EEOC has received notice from the individual of termination under state law, whichever is sooner. Additionally, a Costa Mesa employment attorney can inform you that you have to file your complaint within 90 days of receiving your notice of right to sue from the EEOC.

Damages Cap

If you prevail with your claim, you can receive back pay of up to two years, front pay, your actual damages, tort damages and possibly punitive damages. You can also receive declaratory relief or an injunction.

Defenses

An employer who was sued for not providing a reasonable accommodation can avoid paying damages if it can show good faith effort in attempting to provide such an accommodation. An employer must show that it conferred with the individual with the disability, identified and provided reasonable accommodations that would provide individuals with similar disabilities that would not be an undue hardship on the employer.

If you would like more information on timing requirements, damages or defenses, contact Daily Aljian LLP by calling (949) 861-2524.