ADA Damages

jampc

Anyone have info on how damages are arrived at in ADA cases? Current case is related to depression...

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 01-24-04 AT 01:58AM (CST)[/font][br][br]I think damages, including compensatory and punitive, would fall under the 1991 Civil Rights Act, Section 102, as well as the Rehabilitation Act of 1973, Section 505 and the 1964 Civil Rights Act, Title VII.

Damages are dependent on the "injuries" suffered and whether they are a result of the employers' intentional actions of discrimination based upon disability. "Back pay" generally would be paid whether the actions were intentional or not. Compensatory damages would be paid if the discrimination was intentional and include "front pay" (an estimate of what would have been future earnings under the employer), fringe benefits, pain and suffering (inclduing mental anguish), loss of enjoyment of life, and other similar type injuries.

But an employer's good faith efforts to implement a reasonable accommodation are not subject to awarding of compensatory or punitive damages.

The 1991 Civil Rights Act puts a cap on damages:
$50,000 for private employers with 15 to 100 employees;
$100,000 for private employers with 101 to 200 employees;
$200,000 for private employers with 201 and 500 employees;
and $300,000 for private employers with more than 500 employees.

Since I am not an attorney, I really can't speak to any specific determination of awards. I'm sure one of the HRHero attorneys can do a more concise description of damages that can be awarded in a civil case for violations of ADA.

jampc

Thanks Hatchetman. I figured if anyone would reply, you would be the one. Thanks again.

Rockie

I believe you are correct on these damages Hatchetman, but remember, attorneys' fees are not capped, so they can easily exceed the award!