Disability Law Commons^™

Former Employees' Right To Relief Under The Americans With Disabilities Act, Donna L. Mack

Washington Law Review

The Americans with Disabilities Act (ADA) does not state whether a former employee may sue a former employer regarding post-employment fringe benefits. Some courts have held that former employees who are retired or have total disabilities have no right to relief under the statute because they do not meet the ADA's requirement that a claimant be a "qualified individual with a disability." Other courts have concluded that former employees receiving post-employment benefits do have a right to relief under the statute. These courts reasoned that an internal ambiguity in the statute requires courts to look to the legislative history and …