I am encouraging accomodation rather waiting for a lawsuit. Some numbers would make this a stronger case.
Employment / Labor Attorney
There is no way to estimate the typical value of a settlement or the costs of an accommodation. It depends on a number of factors--size of the employer, salary of the employee, type of disability, type of accommodation necessary, strength of the case, etc. I suggest you meet with an experienced employment lawyer to discuss the specifics of your case. Most of us will provide a free consultation.
This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.
6 lawyers agree
Employment / Labor Attorney
I agree with Mr. Friedman. There is no way of knowing, based on the facts you provided, what an ADA suit would normally settle for. Specifically, settlements are most often kept confidential so the calculation would be based on the factors Mr. Friedman identified. Aside from that, each case is unique. There are general figures for what it may cost an employer to defend a case (the out of pocket costs and attorneys fees they will spend), but that does not generally impact settlement figures.
1 lawyer agrees
Employment / Labor Attorney
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
I generally agree with attorneys Friedman and Weinman with respect to settlement. There are dozens of factors that can influence the amount of a settlement, the most important being the facts of the case.
However, there is an excellent source for learning the typical cost of providing reasonable accommodations. The Job Accommodation Network (JAN): http://askjan.org/ is the best source for free, expert, and confidential guidance on workplace accommodations. JAN offers one-on-one guidance on workplace accommodations, the Americans with Disabilities Act (ADA) and related legislation. JAN provides help over the phone and on-line and has its web site has great information on many disabilities, including mental health disabilities, and suggested reasonable accommodations. JAN is a service of the United States Department of Labor (DOL) Office of Disability Employment Policy.
JAN has been compiling data on reasonable accommodation since 2004 and provides frequent reports on the cost and effectiveness of accommodations in its publication _Workplace accommodations: Low cost, high impact._ http://AskJAN.org/media/lowcosthighimpact.html. Here is an excerpt from JAN's 2013 update that addresses the typical cost of reasonable accommodation:
"The JAN study has been on-going since 2004. JAN, in partnership with the University of Iowa's Law, Health Policy, and Disability Center (LHPDC), interviewed 1,182 employers between January 2004 and December 2006. In addition, JAN, in partnership with the West Virginia University School of Social Work (formerly School of Applied Social Sciences), interviewed 807 employers between June 28, 2008, and July 31, 2013. Employers in the JAN study represented a range of industry sectors and sizes and contacted JAN for information about workplace accommodations, the ADA, or both. Approximately eight weeks after their initial contact, the employers were asked a series of questions about the situation they discussed with JAN and the quality of the services JAN provided."
"Of the employers who gave cost information related to accommodations they had provided, 355 out of 610 (58%) said the accommodations needed by employees cost absolutely nothing. Another 222 (36%) experienced a one-time cost. Only 24 (4%) said the accommodation resulted in an ongoing, annual cost to the company and 9 (1%) said the accommodation required a combination of one-time and annual costs; however, too few of these employers provided cost data to report with accuracy. Of those accommodations that did have a cost, the typical one-time expenditure by employers was $500. When asked how much they paid for an accommodation beyond what they would have paid for an employee without a disability who was in the same position, employers typically answered around $500."
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