Still Out of Step: The Sixth Circuit’s Adoption of a “But-For” Standard for ADA Plaintiffs in Lewis v. Humboldt Acquisition Corp.

Abstract

On May 25, 2012, the U.S. Court of Appeals for the Sixth Circuit, sitting en banc, reversed seventeen years of precedent and joined its sister circuits by discarding the “sole cause” standard for proving discrimination under Title I of the Americans with Disabilities Act (ADA). By declining to adopt the “motivating factor” standard used in the majority of the other circuits, and instead adopting a “but-for” standard, the Sixth Circuit’s ADA jurisprudence continues to be an outlier. This Comment argues that the “but-for” standard imposes an unfair burden on vulnerable and disabled employees who are seeking relief from employers’ discriminatory treatment, and therefore fails to effectuate the congressional intent behind the ADA.