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Labor & Employment Law Alert - Effective April 28, 2014, Civil Fines and Penalties Increase Under Title III of the Americans with Disabilities Act

April 28, 2014   |   Atlanta | Chicago | Columbus | Delaware | Elkhart | Fort Wayne | Grand Rapids | Indianapolis | Los Angeles | Minneapolis | South Bend

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

©2014 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg LLP.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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