No compensatory & punitive damages or jury trial for retaliation under ADA, 7th Circuit holds
In Kramer v. Banc of America Securities, LLC (7th Cir. 1/20/04), the Seventh Circuit held compensatory and punitive damages are not available remedies for retaliation claims under the ADA (though they are for direct ADA discrimination claims) because the Civil Rights Act of 1991 omits reference to the retaliation section of the ADA in granting a right to such damages.
This meant no right to a jury trial because the only only remedies available were equitable.
Legal researchers note: Court claims this is case of first impression in circuits; cites a number of district court decisions.
Seems a straightforward interpretation on an issue many may not have considered. Will not arise that often, as ADA retaliation claims are typically coupled with direct discrimination claims. But if summary judgment is granted on the latter, leaving only the retaliation claim, a motion to strike the compensatory and punitive damages and jury demand would be in order.
