A qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.

An individual is disabled under the ADA if he or she has:

• a physical or mental impairment that substantially limits one or more major life activity (e.g., breathing, seeing, hearing, caring for self, walking);

• has a record of such an impairment; or

• is regarded as having such an impairment.

An employer must reasonably accommodate a disabled employee's functional limitations unless doing so would impose an undue hardship on the employer. Whether and when an employer must accommodate an employee is fact specific. When the obligation to accommodate arises, the employer must engage the employee in an interactive process to determine whether and what accommodation is reasonable.

The ADA also regulates the manner and method by which an employer may question employees, including by administering employee physicals and other medical examinations. See 29 C.F.R. § 1630.13 & 1630.14.

Notwithstanding the above, the EEOC regulations allow 300 days for filing a complaint in a State where the State or local FEP agency has subject matter jurisdiction over the claims, regardless of whether the claimant has first filed a claim with the State agency.

Unless excused by the court, a court action must be filed within 90 days after reciept of a right-to-sue letter.

1. Back pay is the most common form of relief. Back pay consists of wages, salary and fringe benefits the employee would have earned during the period of discrimination from the date of termination (or failure to promote), to the date of trial.

2. Compensatory Damages are allowed for future loss, emotional distress, pain & suffering, inconvenience, mental anguish & loss of enjoyment of life. Caps are placed on compensatory damages according to the size of the employer. The limits on damages are as follows:
   • Up to 100 employees: $50,000
   • 101-200 employees: $100,000
   • 201-500 employees: $200,000
   • 500+ employees: $300,000

     These caps apply only to individuals. In a class action situation, each plaintiff can be awarded the maximum amount specified for the size of their company.

3. Attorney’s Fees may be awarded to the prevailing party.

4. Punitive Damages are limited to cases where the "employer has engaged in intentional discrimination and has done so with malice or reckless indifference to the federally protected rights of an aggrieved individual." Kolstad v. American Dental Association, 119 S.Ct. 2118 (1999). These damages are capped according to the size of the employer:
   • Up to 100 employees: $50,000
   • 101-200 employees: $100,000
   • 201-500 employees: $200,000
   • 500+ employees: $300,000

     Again, these caps apply only to individuals. In a class action situation, each plaintiff can be awarded the maximum amount specified for the size of their company.

5. Front pay is designed to restore victims to their "rightful place". It compensates the victim for anticipated future losses due to discrimination.

6. Injunctive relief is available when there is an intentional discriminatory employment practice. For instance, an employee can be reinstated and an employer can be ordered to prevent future discrimination.