United States Seventh Circuit

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Serwatka v. Rockwell Automation, Inc., 08-4010

In plaintiff's employment discrimination action against her former employer under the ADA, judgment of the district court in favor of the plaintiff is vacated and remanded where: 1) although the jury agreed with plaintiff that defendant's perception of her limitations contributed to the discharge, it also found that it would have terminated plaintiff notwithstanding the improper consideration of her disability, and therefore, relief is not available to plaintiff under the ADA; and 2) district court's decision to award plaintiff declaratory and injunctive relief along with a portion of her attorney's fees and costs cannot be sustained as the relief awarded was premised solely on the jury's mixed-motive finding, and given the lack of a provision in the ADA recognizing mixed-motive claims, such claims do not entitle a plaintiff to relief for disability discrimination.

Appellate Information

  • Argued 05/14/2009
  • Decided 01/15/2010
  • Published 01/15/2010

Judges

  • ROVNER, Circuit Judge., Before ROVNER and EVANS, Circuit Judges, and VAN BOKKELEN, District Judge.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Kevin M. Scott, Dewitt, Ross & Stevens, Brookfield, WI, Robert M. Mihelich, New Berlin, WI, for Plaintiff-Appellee., Robert H. Duffy, Quarles & Brady, Milwaukee, WI, for Defendant-Appellant.