United States Sixth Circuit

In plaintiffs' suit against their former employer, claiming that the employer's drug testing policy violates the Americans with Disabilities Act, district court's holding that individuals do not need to be disabled to assert claims under section 12112(b)(6) is reversed in this interlocutory appeal where: 1) because the plain text of the statute requires that an individual bringing such a claim be disabled, and this interpretation is not "demonstrably at odds" with Congress's intent, the plain meaning controls; and 2) because the plaintiffs have not demonstrated that the district court's ruling on their putative claims under section 12112(d)(4) is inextricably intertwined with the certified issue, exercise of pendent appellate jurisdiction is declined.

Appellate Information

• Argued 10/19/2010
• Decided 11/03/2010
• Published 11/03/2010

Judges

• MARTIN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert E. Boston, John A. Beam, III