Can an employer waive the statutory limitation on liability provisions of the American with Disabilities Act (ADA) and Maine Human Rights Act (MHRA) which limits the amount an employee can recover in a lawsuit for disability discrimination? Put more simply, can a damages cap be waived?
The Federal District Court, District of Maine answered that question in the affirmative. Damages caps can be waived if the employer fails to plead them as an affirmative defense.
On March 15, 2022, in the case Brian Bell v. O’Reilly Auto Parts, LLC., the Court denied Defendant’s Motion to Reduce the Jury’s Verdict, holding that because the employer failed to plead the statutory limitation on liability as an affirmative defense, the employer waived the damages cap provided for under both the ADA and the MHRA, leaving Mr. Bell’s $867,000 jury verdict completely intact.
