5th Circuit: ADA Standard of Proof is "Motivating Factor"

Both the Developments in EEO Law Blog and Jottings of an Employer's Lawyer had coverage last week of a recent Fifth Circuit decision finally putting a steak through the heart of the tired old "sole cause" standard of causation in cases under the ADA and the Rehabilitation Act. The case is Pinkerton v. Paige and in holding that the standard is the same in both cases, the court stated: "[u]nder a plain reading of the statute, and in accord with the position of other circuits, we conclude that...

Read More...

[Source: HR Lawyer's Blog]