Supreme Court says disabled firefighter cannot file post-employment discrimination suit
Source: Courthouse News Service
June 20, 2025
WASHINGTON (CN) — The Supreme Court sided against a firefighter who was forced to retire because of Parkinson’s disease on Friday, finding that she can’t file a post-employment discrimination suit against her department. In a 7-2 opinion, the justices concluded that individuals pursuing such suits must prove they held or desired a job, and could perform its essential functions with or without reasonable accommodation, at the time of an employer’s act of disability-based discrimination.
While it is unlawful for a covered employer to discriminate against a qualified individual on the basis of disability in regard to compensation, the justices found the statute does not extend to retirees. Congress’ use of present-tense verbs such as “holds,” “desires” and “can perform” signals an intent to protect individuals able to do the job they hold or seek at the time they suffer discrimination, not retirees who neither hold nor desire a job, the justices wrote.
When looking at the statute’s definition of “reasonable accommodation,” which includes, “job restructuring,” modifying “existing facilities used by employees,” and altering “training materials or policies,” they found it pertains to current employees or applicants, but not to retirees.
“Those kinds of accommodations make perfect sense when it comes to current employees or applicants. But it is hard to see how they might apply to retirees who do not hold or seek a job,” Justice Neil Gorsuch, a Donald Trump appointee, wrote. Similarly, its examples of discrimination, such as “qualification standards” and “employment tests,” aim to protect job holders and seekers, not retirees, he added.
Read more: https://www.courthousenews.com/supreme-court-says-disabled-firefighter-cannot-file-post-employment-discrimination-suit/
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