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ADA Retaliation Claims
The United States Supreme Court has declined to review a Seventh Circuit Court of Appeals ruling that bars plaintiffs alleging retaliation claims under the Americans with Disabilities Act (ADA) from seeking compensatory and punitive damages. Kramer v. Banc of Am. Securities LLC, U.S., No. 03-1451, cert. denied 6/21/04. Earlier this year, the Seventh Circuit was the first federal appellate court to conclude that the ADA does not provide plaintiffs the right to seek such damages in retaliation cases. Kramer v. Banc of Am. Securities LLC, 355 F.3d 961 (N.D. Ill. 2004).
The Case
Plaintiff Colleen Kramer worked for Banc of America Securities LLC (the “Bank”) as a team leader. When Kramer was demoted for performance reasons, she responded by sending a letter demanding to be reinstated and informing the Bank that she suffered from multiple sclerosis. Following a 90-day probationary period, Kramer was given a final 1-month period to improve her performance or be terminated. Before the month ended, Kramer filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) alleging disability discrimination and retaliatory discharge under the ADA. After receiving a right to sue letter from the EEOC, Kramer filed suit in the Northern District of Illinois.
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