Takeaway: Over the years, courts have questioned whether an employee can go to trial on a discrimination claim based on evidence that undermines the employer's reasons for firing but stops short of demonstrating an unlawful motive.
A 10th U.S. Circuit Court of Appeals decision found that an employee had enough evidence to go to trial by showing faults in their employer's explanations for their discharge and demonstrating that the employer disparaged their disability.
The plaintiff had worked for L3 Harris Technologies Inc. and its predecessors since 1992. As of June 2019, he served as senior director of international business development. He traveled often for work, and his division's policy was to book employees in coach-class seats.
The plaintiff suffered from recurring cellulitis, a painful bacterial infection of the skin and the tissue beneath it. Cellulitis thrives on poor circulation, so extended periods in a cramped coach-class seat could trigger debilitating flare-ups. To address his condition, the plaintiff submitted a formal request for an accommodation under the Americans with Disabilities Act (ADA) that would allow him to travel in exit-row, business-class, or first-class seating. An HR representative approved the request and informed the plaintiff and his supervisor in August 2019.
Over the next three months, the plaintiff's supervisor changed. His former supervisor repeatedly disparaged his disability and accommodation request, including in front of his new...
Former Special Counsel Jack Smith delivered testimony Thursday before the House Judiciary Committee, defending his investigation into former President Donald Trump’s efforts to overturn the 2020 el...