Page:United States Statutes at Large Volume 104 Part 1.djvu/399

 PUBLIC LAW 101-336 —JULY 26, 1990 104 STAT. 365 (B) may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved when requested by the Attorney General; and (C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount— (i) not exceeding $50,000 for a first violation; and (ii) not exceeding $100,000 for any subsequent violation. (3) SINGLE VIOLATION. — For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a single violation. (4) PUNITIVE DAMAGES. — For purposes of subsection 0>)(2)(B), the term "monetary damages" and "such other relief does not include punitive damages. (5) JUDICIAL CONSIDERATION. —In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this Act by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability. SEC. 309. EXAMINATIONS AND COURSES. 42 USC 12189. Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals. SEC. 310. EFFECTIVE DATE. 42 USC 12181 (a) GENERAL RULE.— Except as provided in subsections (b) and (c), this title shall become effective 18 months after the date of the enactment of this Act. (h) CIVIL ACTIONS.— Except for any civil action brought for a violation of section 303, no civil action shall be brought for any act or omission described in section 302 which occurs— (1) during the first 6 months after the effective date, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less; and (2) during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less. (c) EXCEPTION.— Sections 302(a) for purposes of section 302(b)(2)(B) and (C) only, 304(a) for purposes of section 304(b)(3) only, 304(b)(3), 305, and 306 shall take effect on the date of the enactment of this Act.

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