Article
ADA Employment Discrimination Claims Addressed in Rederford v. US Airways
American Bankruptcy Institute Journal
(2010)
Abstract
On Dec. 14, 2009, in Rederford v. US Airways Inc., a case of first impression, the U.S. Court of Appeals for the First Circuit ruled that the remedy of reinstatement for employment discrimination under title I of the Americans with Disabilities Act (ADA) against a company in bankruptcy is a dischargeable prepetition bankruptcy claim. Its decision reaffirmed the Bankruptcy Code’s broad policies of affording debtors a fresh start and ensuring that creditors are treated evenhandedly. In advancing these broad principles, the First Circuit faced the ADA’s conflicting and equally expansive policies – policies that it was forced to devalue in order to render a decision that promoted the purposes of the Code.
Keywords
- bankruptcy,
- employment discrimination,
- americans with disabilities act
Disciplines
Publication Date
2010
Citation Information
Pamela Foohey. "ADA Employment Discrimination Claims Addressed in Rederford v. US Airways" American Bankruptcy Institute Journal Vol. 29 (2010) Available at: http://works.bepress.com/pamelafoohey/8/