Abstract
In this article, I set out to explore what effect the expansion of the definition of “disability” would have on the post-Amendments retaliation cases. What I discovered surprised me. Despite the common belief that retaliation cases are often more successful than cases alleging status-based discrimination, this did not prove to be true with respect to this dataset of ADA retaliation cases. In fact, as indicated by the title of this article, courts are continuing to disable employees’ retaliation claims under the ADA. Plaintiffs lost (i.e., did not survive a motion to dismiss or a motion for summary judgment) in three-quarters of all post-ADAAA retaliation cases in my dataset.
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This article proceeds in four additional parts. Part I will describe the law of ADA retaliation cases. Part II will describe the study, first explaining my methodology, and then providing the results of the study, including examples of the reasons courts dismissed so many ADA retaliation cases. This Part will also provide examples of successful cases that survived summary judgment. Part III will explore the implications of this study. Finally, this article will briefly conclude.
This abstract has been taken from the author's introduction.
Document Type
Article
Publication Date
2019
Publication Information
19 Nevada Law Journal 823-865 (2019)
Repository Citation
Porter, Nicole B., "Disabling ADA Retaliation Claims" (2019). Faculty Publications. 2220.
https://scholarship.law.wm.edu/facpubs/2220