Earlier today in its en banc decision in Lewis v. Humboldt Acquisition Corp., No. 09-6381 (PDF), the Sixth Circuit unanimously overruled the standard set forth in its 16 year-old decision in Monette v. Electronic Data Systems Corp., 990 F.3d 1173 (6th Cir. 1996), which required a plaintiff bringing a discrimination claim under the Americans with … Continue Reading
In Stansberry v. Air Wisconsin Airlines Co., the Sixth Circuit explains the standard for association discrimination claims under Section 12112(b)(4) of the Americans with Disabilities Act. Such claims are comparatively rare – this is the first published decision in the circuit since that section was passed in 1990. The opinion, written by Judge Martin, explains that … Continue Reading
Back in March, when we reported on the Sixth Circuit’s decision in Lewis v. Humboldt Acquisition Corp, No. 09-6381 (6th Cir. Mar. 17, 2011) (PDF), we noted that Lewis was “one of those rare candidates for rehearing en banc.” Our predictive powers proved accurate yesterday when the Sixth Circuit voted for a rehearing en banc in the Lewis … Continue Reading
The Sixth Circuit yesterday declined to adopt the rule followed in a supermajority of Circuits for bringing a discrimination claim under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. See Lewis v. Humboldt Acquisition Corp, No. 09-6381 (6th Cir. Mar. 17, 2011) (PDF). In at least ten other Circuits, a plaintiff … Continue Reading
