Thursday, April 22, 2010

Rehabilitation Act—Does Section 504’s Sole Causation Standard Apply to Section 501 Claims?

Recently, the Fourth Circuit in Dank v. Shinseki, 2010 U.S. App. LEXIS 7824 (4th Cir. Apr. 15, 2010), recognizing that there is a split in the circuits on this issue and no definitive decision from that circuit, found that it was not necessary for its decision in Dank to reach the issue. Section 504 of the Rehab Act states specifically that the employer’s action must be “solely by reason of” the illicit disability animus; whereas Section 501 of the same Act is silent in that regard. The government argued in Dank that this issue had already been resolved in its favor by the Fourth Circuit, relying upon Spencer v. Early, 278 F. App’x 254 (4th Cir. 2008) and Edmonson v. Potter, 118 F. App’x 726 (4th Cir. 2004). The Dank panel held that neither of those cases specified the standard for Section 501 nor addressed the issue of whether it is a different standard from that applicable to Section 504.

Judge Duncan, writing for the unanimous panel in Dank, noted that the Fifth Circuit is the only circuit that has squarely addressed this issue, holding in Pinkerton v. Spellings, 529 F.3d 513, 515-19 (5th Cir. 2008), that Section 501 requires only that disability be a motivating factor behind the employment action. Further, Judge Duncan notes the decisions of the D.C. Circuit (Adams v. Rice, 531 F.3d 936, 944 (D.C. Cir. 2008)) and the Eleventh Circuit (Nadler v. Harvey, 2007 WL 2404705, at *4 (11th Cir. Aug. 24, 2007)), where those courts applied the “solely by reason of” standard to claims raised under Section 501 and to Rehabilitation Act claims in general.

So, the issue remains largely unsettled, and now clearly is an unresolved question in the Fourth Circuit.


Please be sure to visit our website at http://RobertBFitzpatrick.com

2 comments:

Unknown said...

zzzzz2018.7.13
coach outlet online
ralph lauren uk
coach outlet
nfl jerseys
salomom shoes
ralph lauren outlet
kate spade handbags
nba jerseys
ralph lauren uk
supreme shirt

huntrissdetrail said...

If you need a people hauler, and specifically, you need three rows, this one is worth a look. If you don't need three rows, I'd go with an Outback or Forester. Market. (Black Michael Kors Bag Gold Chain)

Jusqu'ici, la rponse des Ontariens dpasse les attentes, assure t elle, sans tre en mesure de fournir des chiffres. Chose certaine, le jour de l'inauguration, on a pu voir la tlvision l'embouteillage qui s'est produit sur l'autoroute prs de la sortie menant au Toronto Premium Outlets. Depuis, l'immense stationnement se remplit pratiquement tous les jours. (Black Michael Kors Purse With Silver Hardware)

CR V LX models uses a 2.4 liter four cylinder engine that makes 184 horsepower and 180 pound feet of torque. All other models use a turbocharged 1.5 liter four cylinder that makes 190 horsepower and 179 pound feet. That's a mere 6 horsepower difference on paper, but the turbo feels much stronger. (Michael Kors Black Dome Bag)

Authentic Coach Bag Outlet, Read on for a rundown of what to do this weekend for Halloween.Best Halloween Events in Chicago 2018Nobody celebrates Halloween like Chicagoans! Here are our top picks for things to do in the Chicago area October 26 to 28.Best Things To Do In The Chicago Area, October 19 21With Halloween just around the corner, there are a scary amount of fun activities happening in the Chicago area. Here are our top picks.What Does $2,300 Rent Get You In Chicago, Today?Curious just how far your dollar goes in Chicago?Open House Chicago: Five (Of Many) Cool Things To Visit Open House Chicago is this weekend, providing behind the scenes access to 250 sites over two days.Best Things To Do In The Chicago Area, October 12 to October 14Fall weather has descended upon Chicago, along with many fun weekend activities. Here are our top picks of things to do in the Chicago area Friday through Sunday, October 12 to 14.Fall Into Great Travel Deals This SeasonNow that summer is officially over and fall has begun, you may be thinking about a quick vacation before the bustle of the holiday season takes over.10 Great Places For Combining Work And PlayChicago makes the list for the chance to checkout world class art in the city museums, its famed food offerings and notable outdoor activities.Sexually Frustrated Dolphin Behavior Prompts Swimming Ban At French BeachesA seaside town in northwest France has imposed a swimming and diving ban at its beaches out of fear of a lonely dolphin in heat that been apparently making passes at locals and tourists.Lighthouse Place Premium Outlets are just a quick 60 minute drive down the Skyway into Indiana and it's well worth the trip.