Kramer v. Banc of America Securities, LLC, - F.3d - (7th Cir. Jan. 20, 2004).
In this case of first impression in any Circuit, the Seventh Circuit held that the Civil Rights Act of 1991 does not apply to ADA retaliation claims. It applies only to discrimination or failure to accommodate claims brought under 42 U.S.C. Section 12112 or 12112(b)(5). But 42 U.S.C. Section 12203 is the basis for retaliation claims, and that Section is not mentioned in the Civil Rights Act of 1991. The remedies in ADA retaliation claims are therefore limited to equitable remedies set forth in 42 U.S.C. Section 2000e-5(g)(1). No jury trial, solely equitable relief.
In contrast with Kramer, see Shellenberger v. Summit Bancorp, 318 F.3d 183 (3d Cir. 2003) in which the plaintiff's ADA retaliation claim was remanded for a jury trial. Also, in Krouse v. American Sterilizer Co., 126 F.3d 494 (3d Cir. 1997), the Third Circuit stated, "Retaliation claims under the ADA are analyzed under the same framework as Title VII discrimination claims." 126 F.3d at 500.