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