Southeast ADA Center
2008
Download Publication
Mr. Pinkerton, an individual with arthrogryposis (which causes developmental abnormalities such as shortness of limbs, deformed joints, and limitations of motion), was employed by the U.S. Department of Education (DOE). The DOE discharged him for unacceptable performance.
He filed a complaint with the Equal Employment Opportunity Commission (EEOC), alleging retaliation and discrimination, which resulted in a finding of no discrimination. He then brought suit alleging disability discrimination under Sections 501 and 504 of the Rehabilitation Act, claiming he was terminated and retaliated against because of his disability. The U.S. District Court instructed the jury that to recover, the plaintiff had to prove that his disability was the sole cause of discrimination. The jury found in favor of the DOE.
https://adasoutheast.org/court-decisions/pinkerton-v-spellings-secretary-u-s-dept-of-education
Keywords: Rehabilitation Act, employment, legal concepts, motivating factor, retaliation