Disabled Worker Must Show ‘But-For’ Cause to Prove Bias (1)

A former director with the New York City Department of Investigation failed to show he was demoted or otherwise discriminated against because of his hearing disability, a divided Second Circuit ruled April 18 in a case of first impression.

The ruling adds to a growing number of appeals court cases that say workers must meet a stricter legal test to prove federal disability discrimination claims, based on a pair of recent U.S. Supreme Court decisions. It’s an issue that has attracted the attention of federal lawmakers, who re-introduced in February a bill that would overturn cases that make it harder ...