Effective Monday, April 28, 2014, the U.S. Department of Justice (Department) has increased the maximum civil fines and penalties it may impose for violations of Title III of the Americans with Disabilities Act (ADA). For violations occurring on or after April 28, 2014, the Department may impose a monetary penalty up to $75,000 for a first violation and $150,000 for any subsequent penalty. These amounts are in addition to any monetary relief the Department may seek on behalf of aggrieved individuals. Under Title III of the ADA, only the Department may request monetary relief. Accordingly, the increased fines and penalties will be at issue only in litigation involving, and in administrative actions before, the Department.
For any violations occurring before April 28, 2014, the current maximums remain in effect: $55,000 for a first violation and $110,000 for any subsequent violation.
These maximum fines and penalties are being adjusted pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-410, as amended by section 31001 of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, Pub. L. No. 104-134 (also known as the Debt Collection Improvement Act of 1996), which sets forth statutory formulas for determining the amount of the adjustment. The Department last adjusted the maximum fines and penalties under Title III of the ADA in 1999.
For more information, please contact the Barnes & Thornburg Labor and Employment attorney with whom you work, or a leader of the firm’s Labor and Employment Department in the following offices:
Kenneth J. Yerkes
Department Chair
(317) 231-7513
John T.L. Koenig
Atlanta
(404) 264-4018
David B. Ritter
Chicago
(312) 214-4862
William A. Nolan
Columbus
(614) 628-1401
Eric H.J. Stahlhut
Elkhart
(574) 296-2524
Mark S. Kittaka
Fort Wayne
(260) 425-4616
Robert W. Sikkel
Grand Rapids
616-742-3978
Peter A. Morse
Indianapolis
(317) 231-7794
Scott J. Witlin
Los Angeles
(310) 284-3777
Teresa L. Jakubowski
Washington, D.C.
(202) 371-6366
Janilyn Brouwer Daub
South Bend
(574) 237-1139
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