Julius R. Phillilps and Marcia G. Phillips - Page 10

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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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