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82 Miss. L.J. 67 (2013)
Unification of Standards in Discrimination Law: The Conundrum of Causation and Reasonable Accommodation under the ADA

handle is hein.journals/mislj82 and id is 77 raw text is: UNIFICATION OF STANDARDS IN DISCRIMINATION LAW: THE CONUNDRUM OF CAUSATION AND REASONABLE ACCOMMODATION UNDER THE ADA Cheryl L. Anderson* INTRODUCTION .................................. .......68 I. CAUSATION STANDARDS UNDER PRICE WATERHOUSE AND THE CIVIL RIGHTS ACT OF 1991 ...................76 II. GROSS v. FBL FINANCIAL SERVICES, INC.'S IMPACT ON UNIFORMITY .................................81 III. MIXED-MOTIVE CLAIMS UNDER THE ADA?.............89 A. The ADA of 1990 Contemplated Mixed-Motive Claims ................ ......90 B. Protecting Older Workers Against Discrimination Act ................... .....97 IV. CAUSATION AND REASONABLE ACCOMMODATION ......100 A. Causation as a Prima Facie Element of Title IAccommodation Claims.... ........101 B. Justice Scalia's Dissent in US Airways, Inc. v. Barnett: But-for Causation Necessary in Reasonable Accommodation Cases ....................107 C. Necessity-Causality Under Title II..... .....111 V. BUT-FOR CAUSATION AND REASSIGNMENT TO A VACANT POSITION... .......................119 CONCLUSION. ...........................................126 67 * Professor of Law, Southern Illinois University School of Law. I would like to thank Professor Mark Weber for his insightful comments on an earlier draft of this article and my research assistants, Michelle Hook-Dewey and Lauren Gearhart for their thoughtful assistance with this project.

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