Retirees cannot bring an employment discrimination claim under the Americans with Disabilities Act if they are not qualified for the job when the alleged discrimination occurs, the U.S. Supreme Court held June 20. The ruling in Stanley v. City of Sanford aligns with arguments put forth in a friend-of-the-court brief from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association.
Stanley involved a retired firefighter who alleged ADA violations after Sanford, Florida, altered its retirement benefits for workers taking disability retirement before accruing 25 years of service. Title I of the ADA forbids employers to discriminate against a qualified individual on the basis of disability with respect to compensation, which arguably includes retirement benefits.
The Supreme Court found that because the ADA uses present-tense verbs, a claim may be brought only by someone who held or desired a job and could perform its essential functions — with or without reasonable accommodation — at the time of the alleged discrimination. The Court held that the plaintiff was not a qualified individual under the ADA because she was retired and did not hold or seek a job.
CWC members can read more here.