TakeawaysSCOTUS ruled that retirees who do not hold or seek employment at the time of the alleged discrimination are not protected under Title I of the ADA. The decision does not necessarily preclude all claims from retirees or all claims about retirement benefits.An ADA plaintiff must plead and prove that at the time of the alleged discrimination, they held or desired a job and could perform its essential functions with or without reasonable accommodation.Related links
Articles Discussing General Topics Under the ADA
Supreme Court Rules Retired Disabled Employee Cannot Bring ADA Claims Over Post-Employment Benefits Change
On June 20, 2025, the Supreme Court of the United States held that a former firefighter forced to retire after developing Parkinson’s disease could not bring claims under the Americans with Disabilities Act (ADA) over a change to her post-employment health insurance benefits. The ruling addressed a circuit split over
Supreme Court Rejects Heightened Standard for Student Disability Cases
On June 12, 2025, the Supreme Court of the United States issued a unanimous decision in A.J.T. v. Osseo Area Schools, Independent School District No. 279, No. 24-249, clarifying the standard for disability discrimination claims brought by students under the Americans with Disabilities Act (ADA) and Section 504 of the
SCOTUS Sets Up Debate Over Standard in ADA and Rehabilitation Act Cases, Rejects Heightened Standard for Student Failure-to-Accommodate Claims
TakeawaysThe Court determined that student ADA and Rehabilitation Act claims should be subject to the same standards as in other settings and rejected a higher “bad faith or gross misjudgment” standard.The decision leaves open the question of what those standards are.Educational institutions may need to adjust their accommodation policies and risk assessments going forward.Related link
Think ADA Recovery Is Limited to Employees With Disabilities? The Seventh Circuit Says Think Again
On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA). The court’s decision in Nawara v. Cook County establishes that nondisabled employees may recover back pay if subjected to
DOJ Withdraws 11 Pieces of Americans With Disabilities Act Title III Guidance: What Covered Businesses Need to Know
The Department of Justice (DOJ) withdrew 11 documents providing guidance to businesses on compliance with Title III of the Americans with Disabilities Act
U.S. Supreme Court Urged to Extend ADA Protections to Former Employees
The U.S. Supreme Court heard oral arguments on Jan. 13, 2025, in Stanley v. City of Sanford (No. 23-997), which addresses whether former employees have a
Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims
On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol (THC) to treat anxiety and muscle spasms formed a sufficient basis for an unlawful termination and failure to accommodate claim
Workplace Law After ‘Loper’: Is Disability and Leave Management in Peril?
Recent SCOTUS decisions, including Loper Bright could see challenges to ADA and FMLA regulations.
The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities
On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S.
If You Re-Started Your Workplace with Five Privileges of Employment, How Would You Break Down Barriers for Colleagues with Disabilities?
Beads of sweat formed on my forehead, and my eyes began tearing up.
It was one month ago, and all it took was five minutes.
I was seated among 35 of my Littler colleagues, all of us participating in a week-long Executive Leadership Program through Northwestern’s Kellogg School of Management.
Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases
On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S. Equal Employment Opportunity (EEOC) guidance), holding that an employer must show that
Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter
On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an accommodation under the Americans with Disabilities Act (ADA) had failed to provide return-to-work
Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical marijuana usage was not protected under the ADA (Skoric v. Marble Valley Regional Transit District).
Federal Court Rules That Online-Only Retailer’s Website Is Not a ‘Place of Public Accommodation’ Under the ADA
On February 9, 2024, a federal judge in the Western District of Pennsylvania departed from earlier rulings in the district to hold that an online retailer’s website and its other digital properties did not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (ADA).