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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.
Appeal from the United States District Court for the Eastern District of Wisconsin
Decided January 15, 2010
Before: Rovner and Evans, Circuit Judges, and Van Bokkelen
Opinion by Circuit Judge Rovner
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