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Robert H. Duffy quoted in article “ADA Plaintiffs Must Prove Disability is Sole Cause of Adverse Action”

Inside Counsel

The 7th Circuit has ruled that disabled employees whose employers have mixed motives for taking adverse job actions against them have no recourse under the Americans with Disabilities Act (ADA).

In a judgment that scraps the appeals court's previous position that mixed- motive cases are viable under the ADA, the 7th Circuit held that a disabled plaintiff has no ADA remedy if his or her disability only partly, rather than solely, motivated the employer's adverse action.

More summary judgment motions are likely to succeed in the decision's wake, predicts Rockwell's attorney, Robert H. Duffy.

"It's going to make it a lot easier for employers, both in the 7th Circuit and in other circuits, to try to move for summary judgment on some of these claims because of the fact that the plaintiff is going to have to meet that but-for causation standard," explains Duffy, a partner at Quarles & Brady.

Originally published on Inside Counsel, May 1, 2010


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