Jottings By An Employer's Lawyer

Sunday, January 25, 2004

Drafting Error? - 7th Cir. No Compensatory or Punitive Damages for ADA Retaliation Claim


In what it calls a case of first impression at the circuit level, the 7th Circuit somewhat surprisingly relies on and adopts an opinion of a district court from the 8th Circuit:
The district court’s analysis in Brown v. City of Lee’s Summit is thorough and particularly persuasive. We agree with that court’s conclusion that “a meticulous tracing of the language of this tangle of interrelated statutes reveals no basis for plaintiff’s claim of compensatory and punitive damages in his ADA retaliation claim.” 1999 WL 827768, at *3.
Kramer v. Banc of America Securities (7th Cir. 1/20/04) [pdf]. Although not yet having traced (meticulously or otherwise) the tangled web, my guess would be this is a congressional oversight. And if so, one that is likely to be corrected.

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