A Marine veteran lacks proof his employment contract to train Air Force personnel in Kuwait on flying cargo planes wasn’t renewed because of his disabilities and bias complaints, the Tenth Circuit ruled Tuesday.
Aviation Training Consulting LLC stated it declined to re-up Nicholas Sellman’s one-year pact based on his marginal performance. Sellman would be unable to convince a jury that explanation was a pretext for discrimination or retaliation under the Americans with Disabilities Act, a unanimous panel said. The decision clarified that ADA discrimination and retaliation claims are both subject to a “but-for” cause standard.
Prior US Court of Appeals ...