After-Acquired Evidence Was Properly Used To Defeat ADA Claim

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Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020)

After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her employment application, she lacked the bachelor’s degree that was required of all technical writers under the employer’s government contract. The district court granted summary judgment in favor of TRAX in light of the after-acquired evidence that Anthony lacked the required bachelor’s degree, reasoning that she was not a “qualified individual” within the meaning of the Americans with Disabilities Act. The Ninth Circuit affirmed, rejecting the EEOC’s argument that the court should disregard the agency’s own regulation and interpretive guidance, which calls for a determination of whether the plaintiff “satisfies the prerequisites of the job,” including possessing the requisite skill, experience, education and other job-related requirements of the position. The Ninth Circuit also held that TRAX was not required to engage in the interactive process because Anthony was not “otherwise qualified” for the position.

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