The Ninth Circuit Court of Appeals recently held that a terminated employee alleging discrimination under the Americans with Disabilities Act (“ADA”) must prove that his discharge would not have occurred were it not for his disability.  Murray v. Mayo Clinic, (August 20, 2019).  This decision marked a reversal of a prior case that only required an employee to prove that disability was a motivating factor for the termination.

Background

Dr. Michael Murray sued Mayo Clinic and various others for discrimination under the ADA.  Prior to trial, the parties disagreed about whether his ADA claim should be tried under a “motivating factor” causation standard or a “but-for” causation standard.  Dr. Murray argued that the Ninth Circuit’s prior decision in Head v. Glacier Northwest, Inc. (2005), only required him to show that his employer’s belief that he had a disability was a motivating factor in the termination decision.  The district court, however, concluded that under the U.S. Supreme Court’s rulings in Gross v. FBL Financial Services, Inc. (2009), and University of Texas Southwestern Medical Center v. Nassar (2013), Head was no longer good law, and Dr. Murray was required to prove he was discharged because of his disability.  The trial resulted in a verdict against Dr. Murray, who then appealed to the Ninth Circuit.

Ninth Circuit Adopts “But-For” Causation Standard

The Ninth Circuit agreed with the district court that Dr. Murray was required to prove he was discharged because of his disability.  In other words, an aggrieved employee bringing a claim of discrimination under the ADA must show that an adverse employment action would not have occurred but for the disability.  The fact that disability was a motivating factor is no longer enough to sustain a claim of discrimination.

Takeaway

While this case makes it more difficult for terminated employees to prove their ADA discrimination claims, it also serves as a reminder for employers to remain cautious when terminating an employee with a disability.  For more information and helpful tips, see HEC’s ADA Flow Chart for Disciplinary Actions and Guide to Corrective Action and Termination, as well as the Equal Employment Opportunity Commission’s Applying Performance And Conduct Standards To Employees With Disabilities.