What's In Your Future?

June 6, 2001

The United States Supreme Court has recently agreed to hear several cases which may affect the outcome of employment litigation across the country.

First, the Court has been asked to decide whether "front pay" is included under the statutory damages cap set forth in Title VII of the Civil Rights Act of 1964 (“Title VII”). Pollard v. E.I. DuPont de Nemours Co., No. 00-763. Currently, a successful Title VII plaintiff is entitled to recover damages which are capped based on the size of the employer, plus back wages. The decision in this case could increase the size of damage awards by an additional amount for future wages.

Second, the Court has been asked to decide whether an individual who is unable to perform a limited number of tasks is "disabled" within the meaning of the Americans with Disabilities Act ("ADA"). Toyota Motor Mfg., Kentucky Inc. v. Williams, No. 00-1089. This decision has the potential for increasing the number of individuals who are covered by the ADA.

Finally, in U.S. Airways, Inc. v. Barnett, No. 00-1250, the Court will decide whether an employer may refuse an employee's requested reasonable accommodation if it would violate a bona fide seniority system.

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