Tag Archives: DISABILITY

BREAKING: Sixth Circuit En Banc Court Adopts New Standard For Proving Discrimination Under the ADA, But In A Bold Move Refuses To Adopt The Standard Followed By A Supermajority Of Circuit Courts

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

Just As We Predicted Back in March, the Sixth Circuit Grants Rehearing En Banc in the Lewis Case Involving Discrimination Claims Under the ADA

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

Sixth Circuit Declines to Adopt Rule Followed in at least 10 other circuits under the ADA

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

ADA Testing Protections Extend Only to the Disabled

On a discretionary appeal under 28 U.S.C. § 1292(b), the Sixth Circuit recently held that section 12112(b)(6) of the Americans with Disabilities Act, which prohibits employers’ use of qualification standards and other tests that tend to screen out disabled individuals, only extends protection to disabled individuals.  Bates v. Dura Automotive Systems, Inc., No. 09-6351 (6th Cir. Nov. 3, 2010). In a unanimous … Continue Reading
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