ADA – Tannislado Alvarado v. Cajun Operating Company, 2009 DJDAR 17324 (December 11, 2009)

Plaintiff filed a retaliation claim pursuant to the Americans with Disabilities Act (ADA) alleging that the defendant retaliated against him for complaining that his manager had discriminated against him based on his disability.

The plaintiff challenged the lower court’s grant of the defendant’s motion in limine barring the plaintiff from seeking punitive and compensatory damages from his ADA retaliation claim.  Plaintiff also contended that the lower court erred in holding that, because ADA retaliation claims are limited to equitable relief, plaintiff was not entitled to a jury trial on his retaliation claim.  The appeals court agreed with the lower court’s resolution of these issues and affirmed the judgment.  The appeals court found that the ADA retaliation provision is not referenced under the discrimination statute and therefore, punitive and compensatory damages were not available.

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