- In Smith v. Mich. Dep’t of Corr., the Sixth Circuit held that Section 504 of the Rehabilitation Act does not provide a private cause of action for retaliation, addressing the unsettled statutory basis for this type of claim.
Articles Discussing General Topics Under the ADA
Inside the Exclusive: The EEOC’s New Enforcement Priorities, Part 3—Disability Discrimination (Podcast)
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—this time focusing on disability discrimination. Jim (who is co-chair of the firm’s Disability
No Return, No Case: Michigan Federal Court Rejects ADA and Retaliation Claims After Extended Leave
On August 19, 2025, the U.S. District Court for the Eastern District of Michigan held that an employee was not protected under the Americans with Disabilities Act since he had not been medically cleared to return to work and could not perform his essential job functions. The decision in Haack
Supreme Court Rules ADA Does Not Extend to Retirees
On June 20, 2025, the Supreme Court of the United States (the “Supreme Court”) issued a decision in Stanley v. City of Sanford, Florida, holding that the Americans with Disabilities Act (“ADA”) does not extend to discrimination claims from retired employees who are no longer working or seeking employment.
Supreme Court: Retirees Who Cannot Work are not “Qualified Individuals” Entitled to Protection Under Title I of the Americans with Disabilities Act
On June 20, 2025, in Stanley v. City of Sanford, the United States Supreme Court concluded that a retiree who could no longer work because of a disability is not a “qualified individual” entitled to protection under Title I of the Americans with Disabilities Act.
Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim
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
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.