Guenther v. Griffin Construction Co., No. 16-1760 (8th Cir. 2017)
Annotate this CaseSemmie John Guenther, Jr., filed an administrative charge with the EEOC, alleging that his former employer, Griffin Construction, discriminated against him on the basis of his disability, in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. When Guenther passed away while his charge was pending, the special administrator of his estate filed suit on his behalf when he received the EEOC right-to-sue letter. The district court dismissed the action based on Ark. Code Ann. 16-62-101(a)(1) and found the claim had abated. The court held that federal common law does not incorporate state law to determine whether an ADA claim for compensatory damages survives or abates upon the death of the aggrieved party. The court joined its sister circuits that have allowed the individual’s estate to bring and maintain a suit for compensatory damages under the ADA in place of the aggrieved party. Therefore, Guenther’s ADA claim for compensatory damages survived his death and Griffin Construction is not entitled to judgment on the pleadings. The court reversed and remanded for further proceedings.
Court Description: Riley, Author, with Murphy and Smith, Circuit Judges] Civil case - Employment discrimination. The district court erred in determining this action for compensatory damages for employment discrimination under the Americans with Disability Act abated upon the death of the aggrieved party; federal common law does not incorporate state law to determine whether an ADA claim for compensatory damages survives the death of the aggrieved party, and the individual's estate may bring and maintain a suit for compensatory damages under the ADA in place of the aggrieved party.
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