Opinion

James Johnson v. K Mart Corporation

  • 273 F.3d 1035
  • 12 Am. Disabilities Cas. (BNA) 1120
  • 2001 U.S. App. LEXIS 26920
  • 2001 WL 1480295
Court
Court of Appeals for the Eleventh Circuit
Filed
Dec 19, 2001
Status
Published
On the bench
Carnes, Barkett, Pollak, Anderson, Tjoflat, Edmondson, Birch, Dubina, Black, Hull, Marcus, Wilson
Cited by
20 cases

concluding that such disparity in disability coverage constitutes unlawful discrimination prohibited by Title I because it imposes a benefits limitation that is contingent on the kind of disability the former employee has

How later courts described this case

  • concluding that such disparity in disability coverage constitutes unlawful discrimination prohibited by Title I because it imposes a benefits limitation that is contingent on the kind of disability the former employee has
  • explaining that the majority in Olmstead “substantially imported] the definition of Title I into Title II”
  • finding that ADA prohibits a distinction in benefit payments between mental and physical disabilities
  • "[W]e conclude that in the context of the ADA the subterfuge exception to the safe harbor provision requires that a plaintiff show that the employer specifically intended to discriminate based on disability ....”

Written by the judges who cited it.

The opinion

ORDER ON REHEARING

Dec. 19, 2001.

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby vacated.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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