Plain-English summary
ADA requires employee to hold or seek a job when discrimination occurs; Stanley v. Sanford affirmed
The Supreme Court held that to win an ADA discrimination claim under 42 U.S.C. §12112(a), a plaintiff must have held or sought the job and been able to perform its essential functions (with or without reasonable accommodation) at the time of the employer’s allegedly discriminatory act. The Court affirmed the Eleventh Circuit’s decision for the City of Sanford.
Why this matters
The decision narrows when an individual can bring an ADA discrimination claim under §12112(a). It clarifies that the protected status and ability to perform the job must exist at the time of the employer’s discriminatory act, limiting suits based solely on harms that occur after employment ends. That affects how and when former employees can challenge employers about post-employment benefits and related actions.
Who may feel it
- Current and former employees with disabilities
- Employers and human-resources departments
- Labor and employment lawyers
- Benefits administrators and insurers
- Advocates for disability rights
Key questions
- Does the ADA allow a former employee to sue under §12112(a) for discrimination relating to post-employment benefits when she no longer holds the job?