Client Alert - Employment Law Update
Federal Appeals Court Extends Supreme Court Ruling to Cases Under the ADA
The U.S. Court of Appeals for the Seventh Circuit recently decided a case, involving mixed-motive under the Americans with Disabilities Act (the ADA). Relying on a prior U.S. Supreme Court decision, it ruled that such cases are not allowed under the ADA, and a plaintiff is required to prove that a disability was the determining factor in an employer's action.
The Decision, Mixed Motive Cases in General, and the U.S. Supreme Court's Decision Last Year
The case of Serwatka v. Rockwell Automation, Inc., No. 08-4010 (Jan. 15, 2010) began when Kathleen Serwatka filed suit, alleging that she had been terminated because her employer regarded her as being disabled. The jury in the case found that Rockwell had fired her "due to its perception" that she was disabled, but also that it would have taken the same action even if it did not believe she was disabled. Based upon this "mixed motive," the trial court did not award damages, but did grant other relief, including part of Ms. Serwatka's attorney's fees.
Mixed-motive cases are those in which an employer takes adverse action based upon multiple factors, both legal and illegal. Title VII of the Civil Rights Act of 1964, which outlaws discrimination on various grounds, specifically allows for liability if illegal discrimination was a "motivating factor," and not the sole reason for an employer's decision. As a result, mixed-motive issues have been a part of Title VII suits for some time. Other federal employment statutes, like the ADA and the Age Discrimination and Employment Act (the ADEA), lack that specific language. Nevertheless, for many years, courts applied the Title VII standards to cases involving these other federal non-discrimination laws.
That practice ended with the U.S. Supreme Court case of Gross v. FBL Financial Services in 2009. In that case, higlighted in an earlier Client Alert, the Supreme Court ruled that mixed-motive cases could not be brought under the ADEA because it did not have Title VII's specific language. Relying on Gross, the Seventh Circuit Court of Appeals concluded that because specific language allowing mixed-motive cases was missing from the ADA, these types of claims are also barred.
What to Do
For the time being, this decision eliminates mixed-motive claims under the ADA, and makes defending these cases substantially easier for employers. However, the scope of the decision is unclear due to recent amendments to the ADA, which now prohibits discrimination "on the basis of disability" rather than "because of disability." In addition, Congress has shown a propensity for legislating around employer-friendly cases in recent years. Yet, regardless of whether the decision stands, employers are best served by maintaining effective policies that prohibit discrimination of any type, and implementing training programs for managers and supervisors.
If you would like more information about this decision, or have questions about your employment policies and practices in general, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
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