How to Enforce Employment Rights Under the Americans with ...

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damages.- provide a reasonable accommodation for a person to do his/her job- reinstate a person who was fired because the employer did not want to provide anaccommodation- make an exception to a policy as an accommodation to a person with a disability- transfer a supervisor who is harassing an employee with a disability- remove discriminatory records from a personnel file- restore benefits and seniority- provide an accommodation for an applicant to apply or take an employment test- require a training for supervisors and managers on the ADAAnother form of relief is monetary damages, which include back pay and compensatory and punitiveBack pay damages encompass lost wages, benefits, and interest. If you want back pay, it is veryimportant that you keep accurate records of your attempts to find work. Be sure to keep a list of: (1) employersyou called and with whom you spoke; (2) applications you filed and where; (3) interviews you attended,including the date of the interview and the person(s) who interviewed you; and (4) any other activities youengaged in during your effort to find employment (e.g., job skills training or listing your name with anemployment agency or other job-service agencies you visited).Compensatory damages are available to compensate the individual for emotional pain, suffering,mental anguish, inconvenience, loss of enjoyment of life, and humiliation as a result of the discrimination. Insome cases when the employee seeks reinstatement , but it is no longer practical, front pay may be awarded.Front pay represents future salaries and benefits the individual would have earned if the employer had notdiscriminated against him/her.Punitive damages are awarded to punish an employer for intentional discrimination and may beavailable if an employer intentionally discriminated with malice or reckless indifference to the rights of theemployee or applicant. An employee or applicant does not have to show that the employer’s conduct wasegregious or outrageous. However, showing outrageous conduct may help prove that the employer engaged inintentional discrimination. . The amount of punitive damages is based on the employer’s income and assets,not on the worth of the employee/applicant’s loss and damages. An employer is not liable for punitive damagesif the discriminatory actions taken by its employees are contrary to the employer’s good faith efforts to preventdiscrimination in the workplace. Employees should use the employer’s chain of command to request ADAaccommodations or complain about disability discrimination.Similarly, when a person claims that the employer did not accommodate him/her, damages for emotionaldistress and punitive damages are not available if the employer can show it made good faith efforts to work with20
the employee to find an effective accommodation. The law is not intended to punish an employer who isactually trying to accommodate an individual.The total amount of damages awarded to each employee for pain, inconvenience, humiliation, etc. fromdiscrimination and punitive damages awarded under Title I of the ADA is limited, based on the size of theemployer.NUMBER OF EMPLOYEESDAMAGES LIMIT PER PERSON15 - 100 $ 50,000101 - 200 100,000201 - 500 200,000500 and more 300,000Reasonable attorney's fees and costs of litigation may also be awarded to the plaintiff who proves anADA claim of discrimination.Olivia applied for, and was offered, a position as an accountant. When she asked for a telephoneamplification device as an accommodation, the job offer was withdrawn. Olivia filed a dualcharge of discrimination with the ACRD and EEOC on the basis of state and federal law. TheEEOC issued a cause finding that Olivia was discriminated against. Full relief might be hiring herfor the next available position (opening in one month); wages from the time that the job offer waswithdrawn until she begins working; provision of the phone amplification device; andreimbursement of attorney's fees and costs Olivia spent to get the relief.H. Strategies for the EEOC/ACRD ProcessIf you are considering filing a charge of discrimination under the ADA or state employmentdiscrimination law, consider the following suggestions.1. Negotiating with the EmployerIf you have not done so before filing a charge, consider making one final attempt to work the problemout with the employer. Some employers will end discussions when a charge is filed, letting the charge processrun its course. If the matter cannot be worked out, you then can file a charge. However, do not miss yourdeadlines for filing charges trying to work out the problem.2. Filing a ChargeWhen you come to the ACRD or EEOC, bring all of the information necessary to complete the chargeform, such as the address, telephone number of the employer, and the names, addresses, and telephone numbers21
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