compensation for disability rights violation

[xali]

What is the name of your state (only U.S. law)? CA
Not sure here's where I should post but I didn't know where else to post other than under consumer law. The DFEH is handling my complaint about a disability rights violation but I need to come up on my own with a dollar amount to ask the violator as compensation. Where can I find guidelines that would help me make that determination? Thanks.

 

[tranquility]

What is the name of your state (only U.S. law)? CA
Not sure here's where I should post but I didn't know where else to post other than under consumer law. The DFEH is handling my complaint about a disability rights violation but I need to come up on my own with a dollar amount to ask the violator as compensation. Where can I find guidelines that would help me make that determination? Thanks.

How much were you hurt?

Generally, there is no real default amount for violation of rights. It gets down to damages. There are no "guidelines".

 

[Zigner]

How much were you hurt?

Generally, there is no real default amount for violation of rights. It gets down to damages. There are no "guidelines".

There are not enough facts presented. Some "disability rights violations" have statutory amounts.

 

[tranquility]

There are not enough facts presented. Some "disability rights violations" have statutory amounts.

Fair point in general, but not the OP's question. Such statutory amounts would not have the official government agency in charge asking the OP to come up with a specific dollar amount to ask as compensation.

 

[Zigner]

Fair point in general, but not the OP's question. Such statutory amounts would not have the official government agency in charge asking the OP to come up with a specific dollar amount to ask as compensation.

Fair enough -

http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm

Although I suspect the OP will simply receive a right-to-sue letter.

 

[xali]

Thank you everyone. The DFEH has stated that it can handle the compensation part of the complaint without having to sue. A child aged 8 years has a neurological and emotional disability clearly stated by family present at the site, which is a health care facility. Child was subjected to sustained humiliation, intimidation, bullying and threats by site supervisor for being reluctant to undergo a procedure that terrifies child. The supervisor's behavior caused the child's anxiety to escalate and the family had to leave without the procedure. The supervisor banned the child from future service at the site. Although the banning is clearly a violation, the emotional damage caused by the experience and the symbolism of being banned because of a disability the child cannot control is substantial. I'd appreciate your input on how to figure out a compensation amount that makes legal sense. Thank you.

 

[tranquility]

Thank you everyone. The DFEH has stated that it can handle the compensation part of the complaint without having to sue. A child aged 8 years has a neurological and emotional disability clearly stated by family present at the site, which is a health care facility. Child was subjected to sustained humiliation, intimidation, bullying and threats by site supervisor for being reluctant to undergo a procedure that terrifies child. The supervisor's behavior caused the child's anxiety to escalate and the family had to leave without the procedure. The supervisor banned the child from future service at the site. Although the banning is clearly a violation, the emotional damage caused by the experience and the symbolism of being banned because of a disability the child cannot control is substantial. I'd appreciate your input on how to figure out a compensation amount that makes legal sense. Thank you.

There is still no way to tell. I know an autistic adult who will never be able to have a "real" job. He was working at a special regional center partner designed to give work experience for the disabled. He had what could be called a meltdown one day over what he felt to be improper supervision and he was removed from the work floor and his parent was called to pick him up. He is now eliminated from receiving services at that facility. There is not a lawsuit nor will there be compensation.

I know your facts are different. But, I think it a bit of a stretch to think there is going to be a big payout either. Even from your short description, I don't know if there is "clearly" a violation or that there is much in damages. Your only guideline is how much he was hurt. How much did you spend on mental health care as a result of the purported violation. How much did it cost to go to another facility where the purported violation is not continuing. How much was he hurt?