Cat's Paw Liability Arguably Not An Option In ADA Cases In The 6th and 10th Circuits
In my last post, I discussed the Sixth Circuit’s recent decision in Lewis v. Humboldt Acquisition Corp., which upheld the current Sixth Circuit standard that a plaintiff must show that his or her disability was the “sole reason” for the adverse employment action; sometimes referred to as the “solely” standard. Of the ten circuits to consider the issue, eight apply a “motivating factor” (or “substantial cause”) test, under which a plaintiff must only show that a disability was a motivating factor of the adverse employment action.
TAGS: Environmental Law, Labor & Employment Law
CONTACT:
Mark J. Chumley
Topics
- Labor Law
- ADAAA
- Americans with Disabilities Act
- Sexual Harassment
- National Labor Relations Act
- Employment Law
- Privacy
- Taxation
- Non-compete/Non-solicit
- FMLA
- Employment Incentives
- HIRE Act
- Social Security Tax
- Healthcare Reform
- Benefits
- Social Media
- Technology
- Guns
- Workplace Violence
- Unions
- Antitrust
- Arbitration
- Wage & Hour
- Litigation
- Collective Action
- Harassment
- Labor & Employment Law
- L&E Movie Reviews
Contributors
Subscribe to RSS
Recent Posts
- Fair Employment Opportunity Act and New NLRA Posting Rule
- EEOC Ordered to Pay Millions in Attorneys’ Fees Again
- Work-Life Balance Not Required By Law and Other Interesting Reading
- Employers Win As Supreme Court Says No To Wal-Mart Class Action
- Have You Read Your Job Postings?
- Ohio Judge Thwarts EEOC Effort To Expand Pattern and Practice Lawsuits
- NLRB Files Two More Facebook Cases
- Reimbursing Employees for Travel During the Workday
- Following Up on Past Blog Posts: Cat's Paw, Twitter and Bedbugs
- Why Does the EEOC Need To Solicit Claimants with Radio Announcements?