Under what circumstances are an employer found liable for discrimination under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? What monetary penalties may be involved? Can supervisors be held individually liable under either law?
For a Limited Time receive a
FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with
customized information for your industry, location, and job.
Get Your Report Now!Employer liability and the ADA
Under the ADA, an employer is liable for discrimination by the actions of:
- Its supervisors or agents, whether or not the employer actually knew of the discrimination.
- Coworkers, if the employer knew of the discrimination and failed to take reasonable steps to prevent or stop it.
- Third-party nonemployees in the workplace, if the employer knew of the discrimination and failed to take reasonable steps to prevent or stop it.
Remedies. Under the ADA, a complainant can seek back pay, reinstatement, front pay, attorney’s fees and costs, and other equitable relief, if appropriate. Complainants may also seek compensatory and punitive damages in cases of intentional discrimination.
Employer liability and the FMLA
Violators of the FMLA may be liable for damages equal to the amount of any wages, benefits, or other lost compensation. An employee may also recover any actual monetary loss sustained as a direct result of the employer’s violation, such as the cost of providing care, up to a sum equal to 12 workweeks of wages or salary for the employee.
The court may also award equitable relief (e.g., reinstatement or promotion), as well as costs and attorney’s fees. For willful violations, an employer may be liable for an additional amount of liquidated damages equal to the actual damages and/or wages and interest.
Supervisor liability. Supervisors may also be subject to individual liability for FMLA violations. Many courts have held that supervisors who exercise sufficient control over an employee’s working conditions, including decisions regarding leave, can be held liable for violations of the FMLA.
This article is part of a series that compares and contrasts various aspects of the two laws.
Next article: FMLA and ADA interplay workplace scenario