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12.13 ADA—Damages (Comment only)

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12.13 ADA—DAMAGES

Comment

See Chapter 5 ("Damages") for damage instructions. See also 42 U.S.C. § 12117(a) (applies the powers, remedies, and enforcement provisions of Title VII to any persons alleging employment discrimination on the basis of a disability).

See 42 U.S.C. § 1981a(2) (provides for the recovery of compensatory and punitive damages against a defendant who violates § 102(b)(5) of the ADA (42 U.S.C. § 12112(b)(5)) by failing to make a reasonable accommodation).

See 42 U.S.C. § 1981a(b)(3) (limits the amount of damages recoverable, based on the defendant’s employee base).

See 42 U.S.C. § 1981a(c)(2) (requires that these limits not be disclosed to the jury. The limits do not apply to back pay or front pay, which is awarded under 42 U.S.C. § 2000e–5(g)(1), not 42 U.S.C. § 1981a). See also Pollard v. E.I. du Pont de Nemours & Company, 532 U.S. 843 (2001).

There is a significant question whether back pay and front pay are questions for the jury or the court.

See also the Introductory Comment to Chapter 10 ("Civil Rights—Title V—Employment Discrimination; Harassment; Retaliation") and the Introductory Comment to this chapter.