The U.S. Court of Appeals for the Fourth Circuit has joined two other federal appeals courts in concluding that a plaintiff bringing a claim of discrimination under the Americans with Disabilities Act (ADA) must demonstrate that his or her disability was the cause of, and not simply a motivating factor in, the complained-of employment decision.
Relying on the landmark 2009 ruling by the U.S. Supreme Court in Gross v. FBL Financial Services, the Fourth Circuit in Gentry v. East West Partners Club Management Co., No. 14-2382, (4th Cir. March 4, 2016) affirmed a federal trial court in finding that the plaintiff needed to prove that her disability was the “but-for” cause of her termination. The plaintiff argued unsuccessfully that the court should have used the “mixed motive,” or “motivating factor,” standard that applies in cases brought under Title VII of the Civil Rights Act of 1964 and which is much easier for a plaintiff to prove.
A copy of the Fourth Circuit’s ruling in Gentry is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.