A. ADA
Relief under the ADA is limited not only by Supreme Court neo-Federalism (not all of which was addressed in the ADA Amendments Act), but also by the terms of the statute itself. With respect to employment discrimination (Title I), an individual may file a complaint with the Equal Employment Opportunity Commission within prescribed time limits not exceeding 300 days after the alleged discrimination, or file suit in federal or state court within three years of the allegedly discriminatory act, seeking reinstatement of employment, back pay, attorney’s fees and other relief, including compensatory and punitive damages in cases of intentional (not disparate impact) discrimination.101 The addition of compensatory and punitive damages (though not for governmental entities), in the Civil Rights Act of 1991, was on a capped sliding scale, depending on the size of the employer.102 That Act also added provisions for attorney fees,103 although the Supreme Court since has limited significantly opportunities for recovering attorney fees.104
With respect to public accommodations (Title III), an aggrieved individual can seek injunctive relief, court costs and attorney fees, but no monetary damages.105 Discrimination in the provision of public services by governmental entities (Title II) is subject to the remedies available for violation of § 504 of the Rehabilitation Act of 1973,106 discussed above.107 Also noted above, the Eleventh Amendment does not bar monetary suits under Title II of the ADA against state governments with respect to the “constitutional right of access to the courts,” protection against actual Constitutional violations, and, potentially, some other violations of Title II.108
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Notes:
101. 42 U.S.C. § 12117, adopting...
