Title V – Miscellaneous Provisions
Title V contains supplemental regulations that are not explicitly covered in other parts of the ADA. These topics include (but are not limited to):
State Immunity: States cannot claim immunity from ADA-related legal action. The ADA insures that individuals with disabilities maintain their right to sue any state agency in violation of ADA provisions. Under the Alabama vs. Garrett decision, it was held that a state employee cannot sue the state for damages. An individual can sue the state to make that state comply with the ADA but no damages will be awarded. However, the federal government can sue the state and financial penalties can be assessed.
Retaliation: This provision protects individuals with disabilities who successfully sue a company, government agency, or other entity subject to ADA regulation. They are prohibited from threatening, intimidating, coercing or harassing anyone involved in a successful lawsuit, including those who may have testified on behalf of the individual with a disability.
Attorney’s Fees: In addition to damages, individuals with disabilities, under the discretion of the judge, can have their attorney’s fees awarded as part of the settlement of a successful lawsuit under the ADA.
Coverage of Congress: Until recently, Congress invoked the right of adhering to Section 504 (1973 Rehabilitation Act) guidelines rather than adopt the new ADA guidelines. Presently, only the Executive Branch of the federal government uses the 1973 law; both the Judicial and Legislative branches of the federal government are covered by the ADA.
Other Federal & State Laws: Any other state or federal laws addressing individuals with disabilities can be used under the umbrella of the ADA. This way, if a federal or state law is developed that is stronger than the provisions outlined in the ADA, these new, stricter regulations can be incorporated into the existing ADA legislation to provide the maximum protection for individuals with disabilities