The U.S. Supreme Court should rule that a retired firefighter cannot bring an employment discrimination claim under the Americans with Disabilities Act, according to a friend-of-the-court brief filed by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association.
The case, Stanley v. City of Sanford, Florida, involves a challenge by a retired employee who elected disability retirement 15 years after the city changed its retirement benefits. She alleged that the change in benefits discriminated against her on the basis of disability.
CWC’s brief argues that the Justices should interpret Title I of the ADA to allow only qualified individuals to sue for employment discrimination. CWC urges the Supreme Court to affirm the appeals court’s decision based on the plain language of the ADA. It asserts that allowing former employees to bring such claims will have a chilling effect on employers’ incentive to offer retiree benefits in the first place.
Most courts, including the appeals court in the current case, have agreed that former employees who are no longer qualified cannot bring such claims, but a few courts disagree, so the Supreme Court has stepped in to resolve the matter.
CWC members can read more here.