TBA Law Blog


Posted by: Suzanne Craig Robertson on Jun 4, 2012

A decision handed down from the Sixth Circuit Court of Appeals last week resulted in a change in precedent in the way the courts in the circuit have dealt with cases involving the Americans with Disabilities Act. Up until this point, the Jackson Sun reports, the courts have ruled that an individual would need to prove that his or her disability was the “sole cause” for adverse actions from an employer, such as termination. Now, individuals with disabilities only to need prove “but for” causation, in that they must prove that they would have retained their employment but for their disability.