In an Americans with Disabilities Act (ADA) action alleging that defendant retaliated against plaintiff for complaining that his manager had discriminated against him based on his disability, an order denying plaintiff the right to seek compensatory and punitive damages is affirmed where the plain and unambiguous provisions of 42 U.S.C. section 1981a limited the availability of compensatory and punitive damages to those specific ADA claims listed, and retaliation was not on the list.
Argued and Submitted June 2, 2009
Filed December 11, 2009
Opinion by Judge Rawlinson
Richard M. Martinez, Law Office of Richard M. Martinez, Tucson, AZ