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Damages Not Available for ADA Retaliation Claim
In Alvarado v. Cajun Operating Co., the Ninth Circuit has held that in retaliation case under the Americans With Disabilities Act (ADA), the injured party is not entitled to a jury trial and cannot obtain compensatory or punitive damages. Relief is limited to equitable remedies, such as injunctive relief. It should be noted that there is a split of authority on these issues. The Seventh Circuit has also held that compensatory and punitive damages are not available, while the trail courts in the Second and Sixth Circuits have held to the contrary. A copy of the Ninth Circuit’s opinion is attached.