That is why these discussion boards are helpful to let people know of their rights. I spoke with an assistant to the employer I spoke of and she said for 17 years they had been asking the question of a person's limitations for years. She also said that if you have any limitations you could be let go upon discovery at an outage. That is in direct violation of the ADA and you mentioned if a person feels their rights are violated, to seek legal action. I would like to point out to people there is some teeth in the law.
According to the same EEOC website, if a violation can be proven:
Q. How are the employment provisions enforced?
A. The employment provisions of the ADA are enforced under the same procedures now applicable to race, color, sex, national origin, and religious discrimination under title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991. Complaints regarding actions that occurred on or after July 26, 1992, may be filed with the Equal Employment Opportunity Commission or designated State human rights agencies. Available remedies will include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court costs. Compensatory and punitive damages also may be available in cases of intentional discrimination or where an employer fails to make a good faith effort to provide a reasonable accommodation.
Damages Recoverable under the ADA
The damages under the Americans with Disabilities Act (ADA) are the same as those available under Title VII. The recoverable damages are as follows:
Back Pay. This consists of wages, salary and fringe benefits an employee would have earned during the period of discrimination from the date of termination (or failure to promote), to the date of trial.
Compensatory Damages. These are future losses, emotional distress, pain & suffering, inconvenience, mental anguish & loss of enjoyment of life. It is important to note that the law places caps on compensatory damages according to the size of the employer. The limits on damages are as follows:
Up to 100 employees: $50,000
101-200 employees: $100,000
201-500 employees: $200,000
500+ employees: $300,000
Attorney’s Fees. If the employee wins, he/she may be awarded the fees the attorney generated in handling the claim.
Punitive Damages. Those meant to punish the employer for the adverse actions. They are limited to cases where the “employer has engaged in intentional discrimination and has done so with malice or reckless indifference to the federally protected rights of an aggrieved individual.” Kolstad v. American Dental Association, 119 S.Ct. 2118 (1999). These damages are also capped according to the size of the employer and are the same as those listed above:
Up to 100 employees: $50,000;
101-200 employees: $100,000;
201-500 employees: $200,000;
500+ employees: $300,000
Front Pay. This is designed to restore victims to their “rightful place”. It compensates the victim for anticipated future losses due to discrimination.
Injunctive Relief. Available when there is an intentional discriminatory employment practice. For instance, an employee can be reinstated and an employer can be ordered to prevent future discrimination.
