LEWIS v. HUMBOLDT ACQUISITION CORP., INC.

No. 09-6381.

681 F.3d 312 (2012)

Susan LEWIS, Plaintiff-Appellant, v. HUMBOLDT ACQUISITION CORPORATION, INC., dba Humboldt Manor Nursing Home, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 25, 2012.


Attorney(s) appearing for the Case

ARGUED: Eric Schnapper , University Of Washington, Seattle, Washington, for Appellant. James K. Simms, IV , Cornelius & Collins, LLP, Nashville, Tennessee, for Appellee. Jennifer S. Goldstein , United States Equal Employment Opportunity Commission, Washington, D.C., for Amici Curiae. ON BRIEF: Eric Schnapper , University Of Washington, Seattle, Washington, Michael L. Weinman , Weinman & Associates, Jackson, Tennessee, for Appellant. James K. Simms, IV , J. Cole Dowsley, Jr. , Cornelius & Collins, LLP, Nashville, Tennessee, for Appellee. Jennifer S. Goldstein , United States Equal Employment Opportunity Commission, Washington, D.C., Rae T. Vann , Norris, Tysse, Lampley & Lakis, LLP, Washington, D.C., E. Todd Presnell , Kara E. Shea , Miller & Martin PLLC, Nashville, Tennessee, Nicole E. Shannon , Chris E. Davis , Michigan Protection & Advocacy Service, Inc., Lansing, Michigan, for Amici Curiae.

SUTTON, J., delivered the opinion of the court, in which BATCHELDER, C.J., BOGGS, GIBBONS, ROGERS, COOK, McKEAGUE, GRIFFIN, and KETHLEDGE, JJ., joined. CLAY, J. (pp. 322-25), delivered a separate opinion concurring in part and dissenting in part, in which MARTIN, J., joined. STRANCH, J. (pp. 325-31), delivered a separate opinion concurring in part and dissenting in part, in which MOORE, COLE, and WHITE, JJ., joined. DONALD, J. (pp. 331-42), delivered a separate opinion concurring in part and dissenting in part.


OPINION

SUTTON, Circuit Judge.

When Susan Lewis filed this lawsuit in 2007, Title I of the Americans with Disabilities Act (ADA) prohibited discrimination "because of" the disability of an employee. 42 U.S.C. § 12112(a), Pub.L. No. 101-336, Title I, § 102, 104 Stat. 327, 331 (1990) (amended 1991). When it came time to present her ADA claim to a jury, each party urged the district court to put a different gloss on this language. The company asked...

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