12.12 ADA—DAMAGES

Comment

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

See 42 U.S.C. § 1981a(2) (providing for recovery of compensatory and punitive damages against defendant who violates § 102(b)(5) of ADA (42 U.S.C. § 12112(b)(5)) by failing to make reasonable accommodation). Punitive damages are not available against a public entity in suits brought under 42 U.S.C. § 12132. Barnes v. Gorman, 536 U.S. 181, 189 (2002).

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

See 42 U.S.C. § 1981a(c)(2) (requiring that limits on damages not be disclosed to jury. 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.