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U.S. Court of Appeals for the Sixth Circuit

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Sixth Circuit amends panel opinion to limit its prior holding regarding the circumstances in which an unbiased decisionmaker can be held liable under the Americans with Disabilities Act for acting on a biased supervisor’s reporting of misconduct

November 20, 2025

Amended Opinion

U.S. Chamber files amicus brief urging Sixth Circuit to grant rehearing en banc and hold that the discovery of additional employee misconduct during an investigation allows for lawful discipline even if the non-decisionmaker who triggered the investigation acted with allegedly retaliatory motivation

August 22, 2025

U.S. Chamber Amicus Brief

Benjamin M. Flowers and Shams H. Hirji of Ashbrook Byrne Kresge Flowers LLC served as outside counsel.

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