Section 1981A(a)(2) provides the same remedies for
intentional violations of the federal employee provisions of the
Rehabilitation Act of 1973, 29 U.S.C. § 791, and Title I of
the Americans with Disabilities Act of 1990, 42 U.S.C. §
12101 et seq. However, damages are not available in disability
discrimination cases which involve reasonable accommodation if
the respondent "demonstrates good faith efforts, in consultation
with the person with a disability," to provide a reasonable
accommodation. Section 1981A(a)(3). For example, assume that a
respondent consulted with a sight impaired applicant to determine
whether any reasonable accommodations exist to enable the
applicant to perform this particular job. The applicant informs
the respondent that a scanner would reasonably accommodate him.
The scanner is very expensive and the respondent believes that a
magnifier, backed up by the office secretary as a part-time
reader, would reasonably accommodate the applicant. The applicant
subsequently files a charge and the Commission concludes that,
under the particular circumstances of that job, the magnifier
plus part-time reader was not an effective reasonable
accommodation. Thus, the Commission concludes that the respondent
failed to provide a reasonable accommodation and is therefore
liable for discrimination. While the respondent will be liable
for backpay and instatement, as appropriate, the Commission will
not seek compensatory or punitive damages in this case because
the respondent consulted with the complaining party and had a
good faith belief that it had provided a reasonable
accommodation.