Wilson v. WALLUSKI WESTERN LTD.

Plaintiff appeals, after a jury found in favor of defendants, plaintiffs employers, in an action that included a claim for disability discrimination under the Americans with Disabilities Act (ADA), 42 USC sections 12101 to 12213. Plaintiff contends that the trial court erred when it instructed the jury that, even if plaintiff proved that discrimination was a “motivating factor” in defendants’ decision to discharge him, defendants could nevertheless prevail if they proved that they would have made the same decision even without any improper motivation — that is, that they would have fired him…