Whitfield v. Tennessee

I concur with the lead opinion in this case. However, I write separately to urge the en banc court to avail itself of the next opportunity to reexamine our decisions imposing a “sole reason” standard on the Americans with Disabilities Act (“ADA”).

Following enactment of the ADA in 1990, courts grappled with how to articulate the standards applicable to ADA litigation. Lacking precedent and finding a number of eases alleging claims under the ADA and the Rehabilitation Act of 1973 (“RA”), courts turned to the RA for guidance in interpreting the ADA. Such was the case in Maddox v. University of…