- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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