Previously, I have written on whether you can get compensatory and punitive damages in ADA retaliation claims. That particular blog entry despite its title was restricted to title I claims of the ADA. That is, claims arising from employment. But what about title II claims of the ADA. That is, a retaliation claim arising from
punitive damages
Can You Get Compensatory and Punitive Damages in ADA Retaliation Claims
By William Goren on
Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let’s assume that the retaliation is fairly obvious. The question becomes when you file a retaliation claim are you going to be able to get compensatory and punitive damages? Might it depend upon the title or law that you are suing under?…
Comply with the ADA, commit a felony, be sued for actual and punitive damages… Really?
By William Goren on
It is crystal clear that under the ADA that a student in the classroom as a reasonable accommodation would have the right to tape record or otherwise record the class. See 28 C.F.R. § 35.104(2),(3). However, you may want to look at your state’s eavesdropping statute to see if there aren’t some unintended consequences of…