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.
- employment discrimination,
- americans with disabilities act
Available at: http://works.bepress.com/pamelafoohey/8/