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Gross'ed Out: The Seventh Circuit's Over-Extension Of Gross V. Fbl Financial Services Into The Ada Context, Allison P. Sues

Seventh Circuit Review

In its recent decision in Serwatka v. Rockwell Automation, Inc., the Seventh Circuit overruled its prior circuit precedent and found that the Americans with Disabilities Act (ADA) does not create liability for mixed-motive claims. As a result of this decision, if an employer impermissibly considers an employee's disability in making a decision adverse to the employee, courts will not hold the employer liable provided that the plaintiff cannot also show that such consideration was the but-for cause of the challenged action. Prior to 2009, the Seventh Circuit had recognized mixed-motive causation under the ADA; it relied primarily on Price …