Americans with Disabilities Act You Cant Honestly Believe….pdfVIP

J ournal of Legislation Volume 25 | Issue 2 Article 7 Febru ry 2015 Americans with Disabilities Act : You Cant Honestly Believe That, The;Legislative R eform Dana W. Atchley Follow this nd dditional works t : http://schol rship.l /jleg Recommended Cit tion Atchley, D na W. (2015) Americ ns with Dis bilities Act: You C nt Honestly Believe Th t, The;Legisl tive Reform, J ournal of Leg islation: Vol. 25: Iss. 2, Article 7. Avail ble t : http://schol rship.l /jleg/vol25/iss2/7 This Legisl tive Reform is brought to you for free nd open ccess by the Journal of Legisl tion t NDLSchol rship. It has been ccepted for inclusion in Journal of Legisl tion by n uthorized dministr tor of NDLSchol rship. For more inform tion, please cont ct l wdr@. LEGISLATIVE REFORM The Americans with Disabilities Act: You CantHonestly Believe That! This Note will focus on a nascent split between the Sixth and Seventh Circuits over whether or not a plaintiff, in the context of a discrimination case under the Amer- icans with Disabilities Act (ADA), can attack the underlying reasonableness of the nondiscriminatory reasons that the defendant has put forth when the plaintiff attempts to show pretext.2 Part I will briefly introduce the ADA and one of the means, pretext, by which an aggrieved plaintiff may make a showing of discrimination under the ADA. Part II will briefly describe the honest belief rule, a defense a defendant may use in defeating a plaintiffs showing of pretext. Part III will set out the split between the Sixth and