Loss of consortium damages are not available in actions for discrimination under the ADA. Mohamed v. Marriott Int’l, Inc.,
905 F. Supp. 141 (S.D.N.Y. 1995); Lorenc v. Be Free, Inc.,
136 F. Supp. 2d 1, 4 (D. Mass. 2001).
C. (§20.16) Punitive Damages
Punitive damages are available under the ADA. 42 U.S.C. § 1981a(b)(3); Canny v. Dr. Pepper/Seven-Up Bottling Group, 439 F.3d 894 (8th Cir. 2006). But punitive damages can be awarded only when the employer acts with malice or with reckless indifference to the federally protected rights of an aggrieved individual. Id. at 903; Otting v. J.C. Penney Co., 223 F.3d 704 (8th Cir. 2000). The terms malice and reckless ultimately focus on the actor’s state of mind, and malice or reckless indifference pertains to the employer’s knowledge that it may be acting in violation of federal law, not its awareness that it is...
