Ever since the Americans with Disabilities Act (ADA) was enacted in 1990, federal appellate courts have disagreed as to whether a former employee may bring a discrimination claim under that law. In Stanley v. City of Sanford, Florida, the U.S. Court of Appeals for the Eleventh Circuit recently reaffirmed its position that the ADA does not permit such suits. Despite a brief filed by the U.S. Department of Justice (DOJ) supporting the former employee, the Eleventh Circuit declined to change its mind in light of the Lilly Ledbetter Fair Pay Act, a 2009 law in which Congress extended the timelines for bringing some claims under the ADA and other federal civil rights laws.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.