10th Circuit clarifies defenses to disability discrimination and retaliation claims
In a significant published opinion, the U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Oklahoma and Kansas) recently affirmed summary judgment (dismissal without a trial) in favor of a McAfee & Taft client, rejecting disability discrimination and retaliation claims brought by a former employee. The case helped clarify several defenses employers can use against disability discrimination and retaliation claims under both the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) and provided helpful insights on best practices.
What happened: Complaints, investigations, and performance reviews
Nicholas Sellman—a U.S. Marine veteran with a 100% Veterans Administration (VA) disability rating (for PTSD, back disease, and a sleep disorder)—was employed on a one-year contract as a loadmaster instructor in Kuwait, where Aviation Training Consulting, LLC (ATC) conducted training for the Kuwait Air Force.