U.S. Court of Appeals for the Ninth Circuit

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Ninth Circuit holds that individual unqualified for job cannot sue under Americans with Disabilities Act even though employer first discovered lack of qualification during litigation

April 17, 2020

The court rejected rejected the EEOC’s “perplexing” attempt to disavow its own regulation. The U.S. Chamber filed an amicus brief and participated in oral argument supporting this result.

U.S. Chamber files amicus brief in Ninth Circuit arguing that only individuals qualified for a job may maintain an Americans with Disabilities Act lawsuit and that the EEOC’s contrary interpretation of its regulations is not entitled to Auer deference

October 23, 2018

Click here to view the Chamber’s amicus brief.

Joseph R. Palmore and Bryan J. Leitch of Morrison & Foerster LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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