James Johnson v. K Mart Corporation

POLLAK, District Judge:

This case presents two questions regarding the interpretation of Title I of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq., in the context of the District Court’s grant of a motion to dismiss. In Part I, we consider the question whether a former employee— as against a current employee or an applicant — is eligible to file suit under 42 U.S.C. § 12112(a), which makes it unlawful to “discriminate [with respect to employment] against a qualified individual with a disability because of the disability of such individual_” This court has…