United States Fifth Circuit

To establish liability in an employment discrimination action under the ADA, the plaintiff must show that disability played a motivating role in the adverse employment action. In a suit brought after plaintiff's termination as an employee of the U.S. Department of Education (DOE) alleging disability discrimination under the Rehabilitation Act (RA), a judgment pursuant to a jury verdict for the DOE is reversed and remanded for new trial where the jury charge stated the stricter causation requirement of section 504 of the RA, as opposed to the ADA standard which applies in section 501 cases.

Appellate Information

• Decided 11/13/2007
• Published 11/14/2007

Judges

• PER CURIAM:, Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Henry Crouch, IV (argued), Theodore Carl Anderson, Kilgore & Kilgore, Dallas, TX, for Pinkerton.


• For Appellees:
  
• Samantha Lee Chaifetz, Office of Sol. Gen., Marleigh D. Dover, Civ. Div., U.S. Dept. of Justice, Washington, DC, Ann Cruce Roberts (argued), Lubbock, TX, for Defendants-Appellees.