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Wednesday, September 10, 2025

Supreme Court rules on ADA coverage limits for former employees

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Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | LinkedIn

Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | LinkedIn

The U.S. Supreme Court has delivered a decision regarding the applicability of the Americans with Disabilities Act (ADA) to former employees who are no longer able to work due to a disability. The case involved a former firefighter who retired as a lieutenant in 2018 after being diagnosed with Parkinson's Disease. She filed a lawsuit against the city for reducing her healthcare benefits, arguing that the changes violated ADA protections.

The Court ruled by a 7-2 margin that the ADA does not cover individuals who cannot perform their job duties due to their disability. Justice Neil Gorsuch, writing for the majority, stated that "the plain language of the ADA clearly states the law applies only to an employee that can do the core tasks of the job 'they either have or want, not one whose disability makes working impossible.'"

Gorsuch emphasized that Congress' use of present tense verbs in drafting the ADA indicates its application is limited to individuals capable of performing their job functions at the time they experience discrimination. He noted, "individuals who, with or without reasonable accommodation, are able to do the job they hold or seek at the time they suffer discrimination" are covered by this statute.

This ruling upholds an earlier decision by the 11th Circuit Court of Appeals and resolves conflicting interpretations among various Circuit Courts. Two justices dissented, believing that SCOTUS had adopted too narrow an interpretation of ADA's scope. However, Gorsuch maintained that extending ADA coverage to retirees would require explicit legislative action from Congress.

Justice Gorsuch also pointed out potential alternative legal avenues for such claims under different circumstances and suggested that future plaintiffs might still pursue similar cases if approached differently. The federal government had supported this particular Plaintiff through an amicus brief.

By Michael Burns

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