Discriminatory Termination Claim

U.S. District Court granted the firm's motion for summary judgment in a 27-page opinion which denied the plaintiff’s motion for partial summary judgment, and granted our motion for summary judgment which dismissed plaintiff's amended complaint in its entirety. The case involved a former employee of our client, who claimed discriminatory termination in violation of the Americans with Disabilities Act for failure to accommodate their alleged Post Traumatic Stress Disorder (PTSD) disability. The court held that plaintiff had failed to demonstrate that their PTSD impairment substantially limited any major life activity, and that there was not genuine issue of material fact as to whether the plaintiff was "disabled" under the ADA. This was an even more important ruling because it is the first substantial order holding that the ADA Amendments Act of 2008 (effective Jan. 1, 2009) was not retroactively applicable. (Chambers 2009; Goncharsky, Simonson, Simpson)