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Lost the case? Ask for damages to be spelled out.

by on
in Discrimination and Harassment,Human Resources

A former car dealership employee won an Americans with Disabilities Act case and a $1.05 million jury award for lost back wages, lost future wages and mental distress. The dealership then asked that the award be reduced, based on a 1991 law that caps damages at $100,000 for such midsize companies. But the judge refused. Reason: The cap applies only to the amount of an award that applies to emotional pain and suffering. Back pay and front pay are not limited under the cap. And because the dealership's lawyer goofed by not asking that the award be broken down by type of damages, those under the cap and those not, the judge let the full award stand. (Pals v. Schepel Buick & GMC Truck Inc., No. 99-3551, 7th Cir., 2000)

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