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- Title
MOTIVATING FACTOR VERSUS BUT-FOR CAUSATION IN CLAIMS ARISING UNDER THE AMERICANS WITH DISABILITIES ACT.
- Authors
Smith, Lauren
- Abstract
The article argues whether a plaintiff should be required to show but-for causation for claims arising under the Americans with Disabilities Act (ADA) or whether a plaintiff should be allowed to proceed under a motivating factor theory, as with claims brought under Title VII of the Civil Rights Act of 1991. It reports how U.S. Supreme Court examine the appropriate causation standard in claims arising under the Age Discrimination in Employment Act (ADEA) in Gross v. FBL Financial Services Inc.
- Subjects
AMERICANS with Disabilities Act of 1990; UNITED States. Civil Rights Act of 1991; GROSS v. FBL Financial Services Inc. (Supreme Court case); CAUSATION (Law); DAMAGE claims; ACTIONS &; defenses (Law)
- Publication
University of Toledo Law Review, 2017, Vol 48, Issue 3, p643
- ISSN
0042-0190
- Publication type
Article