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v. Burke, supra at 235. Petitioner asserts that the ADA provides
for a broad range of tortlike remedies, as contemplated by
Schleier. An aggrieved employee bringing a claim under the ADA
is entitled to seek compensatory and punitive damages, as well as
damages for emotional pain, suffering, inconvenience, mental
anguish, loss of enjoyment of life, and other nonpecuniary
losses. 42 U.S.C. sec. 1981a(b). Moreover, petitioner asserts
that IBM was aware of such claims, because he complained to his
supervisor of the grievances he had against IBM for such
employment discrimination.4
Respondent contends that before petitioner executed the
release, he presented his complaints only orally and only to his
supervisor. Respondent argues that petitioner's failure to send
IBM a written letter, to seek legal advice, or to lodge any
formal tortlike claim against IBM prior to and at the time of
signing the release establishes that there was no bona fide
4 At a meeting with his supervisor, petitioner protested that it
would be unfair for IBM to force him out of the company given his
long record of outstanding service. Petitioner said that he was
being targeted for separation from the company due to his age and
serious health condition, which was known to IBM. Petitioner
stated that he felt pressured into signing the release to the
extent that he was made to fear losing his health benefits and to
the extent that it was implied that he had no future at IBM. Due
to his long history of heart-related problems, the prospect of
losing health coverage was extremely threatening to petitioner,
as he was then uninsurable. Thus, it was petitioner's contention
that IBM had illegally discriminated against him and that he
sustained personal injuries from being denied access to the
executive training program and from his early termination, in the
form of physical, mental, and emotional pain and suffering.
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