No jury trials for disability retaliation—but you still must handle complaints properly

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in Discrimination and Harassment,Employment Law,Human Resources

Thanks to a recent 9th Circuit Court of Appeals decision, employers no longer face the prospect of jury trials to resolve ADA retaliation claims. That’s a big victory, since juries are notorious for returning large awards against employers. Plus, the decision makes it clear that punitive damages are not available for retaliation, either.

Recent case: Tannislado Alvarado was 65 years old when he was hired to work part time at a Church’s Chicken restaurant. Eventually, Alvarado was promoted to become a cook. His new position required additional duties, including cleaning out the walk-in refrigerator.

Alvarado got positive job evaluations for more than three years. That all changed after he called the company’s discrimination hot line to complain about ageist statements his supervisor allegedly made.

From then on, it seemed like Alvarado could do little right. He again called the hot line, complaining about retaliati...(register to read more)

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