3.17 B. Damages—Good Faith/Intentional
| Library | Disability Law and Practice, Vol. 3 (NY) 2017 |
B. Damages—Good Faith/Intentional
An employee or applicant who brings an ADA Title I action and who demonstrates that the employer engaged in unlawful, intentional discrimination is entitled to a jury trial and may recover compensatory and punitive damages. Employees of state agencies cannot sue their employer for money damages under the ADA.47 When the disputed issue in an ADA intentional discrimination case is the alleged failure to provide a reasonable accommodation, the employer can reduce its...
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