On December 22, 2016, the United States Court of Appeals for the Eighth Circuit issued an opinion in the case of Oehmke v. Medtronic, Inc., Case No. 16-1052, affirming the district court’s grant of summary judgment in favor of the defendant/employer on plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA).
Articles Discussing Evidence Issues Under the ADA.
A plaintiff’s discrimination claims under the Americans with Disabilities Act must be proven using the “but-for” standard, instead of the less demanding “motivating factor” test, the federal appeals court for the Fourth Circuit, in Richmond, has held, joining the Sixth and Seventh Circuits in adopting the tougher standard of proof. Gentry v. East West Partners Management Co., Inc., et al., No. 14-2382, 2016 U.S. App. LEXIS 4128 (4th Cir. 2016).