4.5 LITIGATION ISSUES
4.501 Standard for Determining Whether an Employer Discriminated on the Basis of a Disability.
A. Where Employer Disclaims Reliance upon the Disability. The Fourth Circuit has developed two alternative schemes for analyzing claims under the ADA, depending on whether or not the employer disclaims reliance on the disability in making its adverse employment decisions. 201 If the employer disclaims reliance on the disability and instead offers other reasons for its adverse action, the court should use the burden-shifting scheme established by the Supreme Court in McDonnell Douglas Corp. v. Green. 202
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Under this approach, a plaintiff must first present evidence that establishes a prima facie case of discrimination by showing that (i) the plaintiff is in the protected class; (ii) the plaintiff was discharged (or subject to an adverse employment action); (iii) the plaintiff, at the time of the adverse employment action, was performing at a level that met the employer's legitimate business expectations; 203 and (iv) the discharge occurred under circumstances that raise a reasonable inference of unlawful discrimination. 204 If the plaintiff satisfies the initial burden of establishing a prima facie case, the burden shifts to the employer to articulate a legitimate nondiscriminatory reason for the employment decision. When that nondiscriminatory reason has been put forward, the inference of discrimination disappears and the plaintiff must prove, by a preponderance of the evidence, that the reasons proffered by the defendant were a pretext for intentional discrimination. 205
B. Where Employer Does Not Disclaim Reliance Upon the Disability. If, on the other hand, the employer does not disclaim reliance on the disability, the purpose of the McDonnell Douglas test, determining the reason for the adverse employment action, will have been met at the outset. Accordingly, the court must use the alternate three-pronged test developed in
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Tyndall v. National Education Centers, Inc. 206 to determine whether the adverse employment action was unlawful. Under this three-pronged test, a plaintiff must establish that (i) the plaintiff has a disability; (ii) the plaintiff is a qualified individual; and (iii) in discharging the plaintiff (or in taking the adverse employment action), the employer discriminated against the plaintiff because of a disability. 207 The third prong in this framework requires a plaintiff to show causation. In a 2016 decision, the Fourth Circuit explained that it is insufficient for an ADA plaintiff to show that the disability was a motivating factor in the employer's alleged discriminatory action. 208 Rather, the plaintiff must show that "but for" the plaintiff's disability, the employer would not have taken the adverse action. 209
4.502 Procedural Prerequisites to Filing an ADA Lawsuit. Before bringing an ADA lawsuit, a plaintiff must file an administrative charge with the EEOC. 210 Only those discrimination claims stated in the initial charge, reasonably related to the original complaint, and developed by reasonable investigation of the original complaint may be maintained in a later suit. 211 According to the EEOC regulations, an amended charge will relate back to the date the charge was first received if the amendment cures technical defects or omissions in the charge, clarifies or amplifies allegations in the charge, or alleges additional acts that constitute unlawful employment practice related to or growing out of the original charge. 212 Under the ADA, a plaintiff must file suit within 90 days of receiving a right-to-sue letter from the EEOC.
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The 90-day period is strictly construed. 213 However, unlike the statute of limitations, the 90-day period is not a jurisdictional prerequisite to filing suit in federal court but a requirement that is subject to waiver, estoppel, and equitable tolling. 214 If the actual date of receipt of the right-to-sue letter is unknown or in dispute, it is presumed that the letter was received within three days after it was mailed. 215
4.503 Bankrupt Plaintiffs. Chapter 13 debtors have standing to bring claims in their own name. 216 However, in Chapter 7 bankruptcy actions, the trustee has the exclusive authority to prosecute claims on behalf of the debtor. 217
4.504 Pleading. "Although a complaint 'does not need detailed factual allegations, a plaintiff's obligation to provide the "grounds" of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.'" 218...
