After-acquired evidence may preclude ADA claims, 9th Circuit rules

In an opinion likely to have wide-ranging impact, the U.S. 9th Circuit Court of Appeals (which has jurisdiction over Alaska employers) recently decided after-acquired evidence barred an employee’s employment discrimination claim filed under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Let’s briefly look at the case and its significance.

Facts

TRAX International Corporation hired Sunny Anthony as a technical writer under a federal government contract in 2010. The contract required technical writers to have a bachelor’s degree. In fact, the company could bill for technical writer work only if the employee performing the tasks had such a degree.

Anthony suffered from posttraumatic stress. She took leave under the Family and Medical Leave Act (FMLA) in 2012. Ultimately, TRAX terminated her when she failed to submit a full work release.

Anthony filed a lawsuit alleging employment discrimination under the ADA. During discovery (pretrial fact-finding), TRAX learned she had lied on her employment application when she stated she had a bachelor’s degree. In fact, she did not.

TRAX therefore requested summary judgment (dismissal without a trial), arguing Anthony wasn’t a qualified individual because she lacked a mandatory prerequisite for the technical writer position. The district court agreed and granted summary judgment.

9th Circuit sides with employer