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ADA Claim for Compensatory Damages Survives Claimant's Death: Eighth Circuit
Practical Law Legal Update w-005-4929 (Approx. 5 pages)
ADA Claim for Compensatory Damages Survives Claimant's Death: Eighth Circuit
by Practical Law Labor & Employment
| Law stated as of 24 Jan 2017 • USA (National/Federal) |
In Guenther v. Griffin Construction Co., the US Court of Appeals for the Eighth Circuit held that a claim for compensatory damages under the Americans with Disabilities Act (ADA) survives a claimant's death.
On January 19, 2017, in Guenther v. Griffin Construction Co., the US Court of Appeals for the Eighth Circuit held that federal common law does not rely on state law to determine that an ADA claim for compensatory damages survives a claimant's death. ( (Jan. 19, 2017).)
Background
John Guenther worked for Griffin Construction Co. (Griffin), an Arkansas construction company. In 2013, after Guenther notified Griffin that he needed to take leave for cancer treatment, Griffin terminated his employment. Guenther filed a discrimination charge with the EEOC. In 2014, before the administrative process ended, Guenther died. In May 2015, a year after Guenther's death, the EEOC issued a right-to-sue letter, having found reasonable cause.
Justin Guenther, the administrator of John Guenther's estate, sued Griffin in federal district court on behalf of Guenther's estate alleging discrimination under the ADA and Arkansas law. When Griffin moved to dismiss on the ground that Guenther's claims did not survive his death, the district court:
- Determined that:
- federal common law provided for application of Arkansas's tort survival statute; and
- based on the Arkansas statute, Guenther's ADA claim did not survive his death.
- Dismissed the case and entered judgment for Griffin on the pleadings.
Guenther's estate appealed.
Outcome
The Eighth Circuit:
- Reversed the district court's dismissal of Guenther's claims.
- Held that:
- federal common law does not incorporate state law to determine whether an ADA claim for compensatory damages survives; and
- Guenther's ADA claim for compensatory damages survives his death.
- Remanded to the district court.
The Eighth Circuit noted that:
- Whether a federal claim survives is a question of federal law (see Carlson v. Green, 446 U.S. 14, 23 (1980)).
- Congress could have instructed courts on addressing whether federal claims survive a claimant's death but did not.
- The ADA is silent on the issue of whether compensatory damages claims survive a claimant's death. In addition, there is no general federal survival statute for federal-question cases.
- Although a federal statute, 42 U.S.C. § 1988(a), directs courts to fill gaps with state law when state law is not inconsistent with federal law, Section 1988(a) does not apply to the ADA. Therefore, the Eighth Circuit has not used Section 1988(a) to address survivability of ADA claims. (See Kettner v. Compass Grp. USA, Inc., 570 F. Supp. 2d 1121, 1131 (D. Minn. 2008); 42 U.S.C. § 1988(a).)
- The issue of ADA claim survival "is governed by federal common law" when Congress has not expressed a contrary intent (Smith v. Dep’t of Human Servs., 876 F.2d 832, 834 (10th Cir. 1989)).
- A court deciding whether to adopt state law or create a uniform federal rule must look to various factors, including:
- the specific governmental interest involved; and
- the effect state law would have on that governmental interest.
- State law should not be applied:
- if it would "frustrate specific objectives" of federal programs; and
- when the federal statutory scheme at issue calls for nationwide legal standards.
- Aside from this case, all federal district courts in the Eighth Circuit to address whether ADA claims survive a claimant's death have held that the claims survived (see A.H. v. St. Louis County, (E.D. Mo. July 17, 2015); Estate of Stoick ex rel. Spry v. McCorvey, (D. Minn. July 29, 2011); Hanson v. Atlantic Research Corp., (E.D. Ark. Feb. 14, 2003)).
The Eighth Circuit determined that:
- A uniform rule, not state law, should be used to determine whether ADA claims survive because:
- Congress enacted the ADA to provide a "clear and comprehensive national mandate" with "consistent" standards to remedy disability discrimination;
- ADA claims, by their nature, are brought by individuals who have health issues, seek the ADA's protections, and are more likely to die before the case is completed; and
- state law allowing claims to abate thwarts the ADA's purpose of eliminating discrimination against disabled people who are often targeted by employers because of their poor health.
- Applying state survivorship laws is not analogous to applying state statutes of limitation because:
- survivorship laws will bar even diligent plaintiffs, while statutes of limitations will not; and
- it is common to apply state statutes of limitations while at the same time applying federal law on survivorship.
Practical Implications
The Eighth Circuit held in Guenther that an ADA claim for compensatory damages survives a claimant's death. Employers in other circuits should be aware that the same outcome is possible should the issue be decided in those circuits.
Also, employers should note that the court takes no position in Guenther on whether:
- Claims for punitive damages under the ADA survive a claimant's death.
- Other federal claims warrant application of a uniform federal rule on survivorship.