This article is part of a series that compares and contrasts various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
 |
Under what circumstances are an employer found liable for discrimination under the FMLA and the ADA? What monetary penalties may be involved? Can supervisors be held individually liable?
Under the ADA, an employer is liable for discrimination by the actions of:
- Its supervisors or agents, whether or not the employer actually knew of the discrimination.
- Coworkers, if the employer knew of the discrimination and failed to take reasonable steps to prevent or stop it.
- Third-party nonemployees in the workplace, if the employer knew of the discrimination and failed to take reasonable steps to prevent or stop it.