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Dear Editor: I read Sid Steinberg’s article concerning a 7th Circuit case that severely limited damages in ADA retaliation cases, “Damages Severely Limited in ADA Retaliation Case,” which appeared on page 5 in the Employment Law section of the Feb. 11 edition of The Legal Intelligencer. While I understand that Steinberg represents employers only, I do not believe that there is any justification for his statement that a demoted employee’s first reaction is to call his or her lawyer. Most employees who are demoted or fired simply accept that fact and move on to try to find another job. More importantly, the 7th Circuit case described in the article, Kramer v. Banc of America Securities LLC (7th Cir. Jan. 20, 2004), must be read to be believed. As Steinberg ably points out, no attorney ever imagined the holding set forth in this case. In Kramer, the court states that no other circuit court has ruled upon this issue when, in fact, the opinion itself notes that other circuits have approved compensatory and punitive damages awards in ADA retaliation claims. In Kramer, the court admits that it ignored the legislative history of the ADA and of the amendments made to it. It has to ignore that legislative history because it is clear that Congress always intended that retaliation claims should allow for the most severe penalties, at least as severe as the original claim. Of course, this makes sense since one of the most important features of the anti-discrimination laws is to ensure that a person will not be punished for seeking the protection of those laws. Therefore, I do not believe (or hope) that the court’s decision in Kramer will find a widespread acceptance among other circuit courts. Armando A. Pandola Jr., Law Offices of Armando A. Pandola Jr.

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