SUPREME COURT OF THE UNITED STATES
_________________
No. 23–997
_________________
KARYN D. STANLEY, PETITIONER
v. CITY OF
SANFORD, FLORIDA
on writ of certiorari to the united states
court of appeals for the eleventh circuit
[June 20, 2025]
Justice Jackson, with whom Justice Sotomayor
joins as to Parts III and IV, except for footnote 12,
dissenting.
Retirement benefits are essential building
blocks of the American Dream. Workers typically earn these benefits
on the job and reap the rewards after leaving the workforce.
Congress has long understood that, by enabling workers to retire
with dignity, independence, and security, retirement benefits are a
critical aspect of job-related compensation. Thus, no one seriously
disputes that the Americans with Disabilities Act of 1990 (ADA),
104Stat. 327, 42 U. S. C. §12101
et seq.,
prohibits disability discrimination with respect to retirement
benefits. Unfortunately, however, by viewing this case through the
distorted lens of pure textualism, the Court misperceives those
protections today.
As I understand today’s holding, the Court has
decided that if a worker who has earned retirement benefits leaves
the workforce (as expected) and is then discriminated against with
respect to the provision of those earned benefits because she is
disabled, Title I offers no protection. To get to this
counterintuitive conclusion, the Court relies on Title I’s
“qualified individual” definition—a provision designed to protect
employers from having to employ those who cannot do the work, not
to cut off the rights of those who already finished it. Making
matters worse, the Court has to extend itself to reach this stingy
outcome, because the case before us does not present a scenario
involving discrimination that took place only postemployment.
In short, the Court overlooks both the actual
facts presented in this case and the clear design of the ADA to
render a ruling that plainly counteracts what Congress meant to—and
did—accomplish. I respectfully dissent.
I
Congress passed and President George
H. W. Bush signed the ADA into law 35 years ago. This landmark
legislation’s overarching aim was “to assure equality of
opportunity, full participation, independent living, and economic
self-sufficiency” for the millions of Americans with disabilities.
§12101(a)(7). Thus, Congress designed the ADA as a “comprehensive
national mandate for the elimination of ” disability
discrimination that would “provide clear, strong, consistent,
enforceable standards addressing discrimination” against disabled
Americans. §§12101(b)(1), (2).
Title I of the ADA prohibits disability
discrimination in the employment context. It protects against
disability discrimination with respect to the provision of, among
other things, “fringe benefits,” “employee compensation,” and
“other terms, conditions, and privileges of employment.”
§§12112(a), (b)(2). Section 12112(a) sets forth Title I’s general
prohibition, which states: “No covered entity shall discriminate
against a qualified individual on the basis of disability in regard
to job application procedures, the hiring, advancement, or
discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment.” Section
12112(b) then provides specific examples of discrimination that
Title I prohibits.
As the ADA made its way through Congress,
employers worried that the bill would require them to hire and
retain individuals who—even with reasonable accommodations—could
not satisfy a job’s demands. Title I’s qualified-individual
provision was Congress’s response to that concern. See H. R.
Rep. No. 101–485, pt. 2, p. 55 (1990). Borrowing similar language
from §504 of the Rehabilitation Act of 1973, 87Stat. 394, 29
U. S. C. §794, Congress inserted the “qualified
individual” phrase into Title I’s general prohibition, and it
elsewhere defined a “qualified individual” as one “who, with or
without reasonable accommodation, can perform the essential
functions of the employment position that such individual holds or
desires.” §12111(8). The point of inserting this definition and
relying on it in the ADA was simply and solely “to reaffirm that
[Title I] does not undermine an employer’s ability to choose and
maintain qualified workers.” H. R. Rep. No. 101–485, pt. 2, at
55.
Today, however, the Court takes Title I’s
qualified-individual definition out of context and assigns it an
additional function: to act as a strict temporal limit on the reach
of Title I’s protections. That is, the Court reads the
qualified-individual provision to mean that
only those who
hold or desire a job when alleged discrimination occurs can claim
Title I’s protection. See
ante, at 18. It is on that ground
that the Court concludes that Lt. Karyn Stanley—a now-retired
firefighter suffering from Parkinson’s disease—cannot make out a
Title I claim against her former employer for (assumed) disability
discrimination relating to retirement benefits that she earned in
the line of duty.
In my view, for the reasons explained below, the
Court is wrong twice over. It should not have used
this case
to make any pronouncements about the viability of a Title I
discrimination claim that arises after an employee retires. And it
misreads Title I to introduce a time-related limitation that
appears nowhere in the statute Congress wrote.
II
A
Because this case arises from a Federal Rule
of Civil Procedure 12(b)(6) dismissal of Lt. Stanley’s complaint,
we are required to “accept as true all the factual allegations in
h[er] complaint.”
Manuel v.
Joliet, 580 U.S. 357,
360, n. 1 (2017). We must also assess Lt. Stanley’s complaint “as a
whole,” credit all “plausibl[e]” allegations, and “draw reasonable
inferences” in her favor.
National Rifle Association of
America v.
Vullo, 602 U.S. 175, 194 (2024).
Like the majority, I will start by assuming that
what Lt. Stanley alleges to be discriminatory conduct by the city
of Sanford, Florida (the City), in fact violated the ADA.
Ante, at 4. Doing so, what follows are the facts.
Lt. Stanley was employed as a firefighter by the
Sanford Fire Rescue Department for just shy of two decades.
Complaint in No. 6:20–cv–00629 (MD Fla.), ECF Doc. 1, p. 2,
¶ 4. She started in 1999 and was promoted to Lieutenant in
2005.
Id., at 3, ¶¶ 13–15. Lt. Stanley remained
continuously employed in that position until November 2018, when
she was forced to take disability retirement due to her physical
disability.
Id., at 3, ¶ 16.[
1]
Notably, while Lt. Stanley was still employed,
the City changed its disability-retirement policy. At the time Lt.
Stanley was hired, the City’s policy was to pay for disabled
retirees’ health insurance until retirees turned 65 years old.
Id., at 4, ¶ 19. In 2003, the City changed that policy to
offer a maximum of 24 months of healthcare coverage for disabled
retirees.
Id., at 4, ¶ 20. This change meant that Lt.
Stanley was subject to the new policy from 2003 onward, including
the period from when she became disabled (while she was still
employed) until she retired.
Ibid.
Lt. Stanley’s complaint alleges that the City’s
“taking away” of the prior disability-insurance policy denied
disabled retirees like her “equal access to health insurance.”
Id., at 8, ¶ 37. She further alleges that the new 24-month
coverage policy violates the ADA in and of itself.
Ibid. All
agree that, under the Lilly Ledbetter Fair Pay Act, 123Stat. 5, an
unlawful employment practice occurs when a plaintiff “becomes
subject to a discriminatory compensation decision or other
practice.” 42 U. S. C. §2000e–5(e)(3)(A).[
2]
Based on the facts Lt. Stanley alleges, the Fair
Pay Act framework supplies the answer to the question presented in
this case.[
3] Before retiring,
Lt. Stanley had a disability, was a qualified individual who
performed the essential functions of her job despite that
disability, and was subject to an allegedly discriminatory policy
based on her disability, insofar as the City changed its
retirement-benefits package in a manner that disadvantaged disabled
retirees. See Brief for United States as
Amicus Curiae
26–27. Thus, it made no sense for the City to argue for dismissal
of Lt. Stanley’s ADA claim (as it did) on the ground that she was
not a qualified individual at the relevant time.
On the facts as alleged in her complaint, the
City subjected Lt. Stanley to the discriminatory policy
during her employment, not only after she retired.[
4] So, Lt. Stanley was performing the
essential functions of her job at the preretirement point at which
she became disabled and was subjected to the new policy. This made
her a qualified individual, notwithstanding the City’s
counterfactual contention.
B
1
The Court has decided not to resolve this case
on that straightforward ground. A plurality of the Court says,
instead, that “case-specific problems prevent [those facts] from
helping [Lt.] Stanley here.”
Ante, at 14–15. Even setting
aside the plurality’s failure to accept Lt. Stanley’s plausible
factual allegations and to draw reasonable inferences in her favor,
I disagree with its analysis of the “case-specific problems.” In my
view, none of the plurality’s concerns precludes this Court from
resolving this case based on the factual allegations in Lt.
Stanley’s complaint.
First, the plurality says Lt. Stanley’s
complaint does not allege her diagnosis, its timing, and whether
she had the disability while she was still working. See
ante, at 16. But her complaint tells us that she had a
disability and eventually had to retire because of it. This is
enough to draw a “plausible inference” that she worked with a
disability and was thus subject to the discriminatory policy some
time before retiring.
Ashcroft v.
Iqbal,
556 U.S.
662, 682 (2009).
Second, the plurality claims that, in the
proceedings below, Lt. Stanley “affirmatively disavowed” the
argument that she was discriminated against while still working.
Ante, at 16. Not so. All she said was that she did
“ ‘not claim she was
impacted by the discriminatory’
City policy ‘during her employment.’ ”
Ibid. (quoting
Brief for Appellant in No. 22–10002 (CA11), p. 22; emphasis
added). But whether someone was
impacted (affected) by a
policy is distinct from whether they were
subject to it. See
§2000e–5(e)(3)(A).
Third, the plurality contends that, in “applying
its own rules of argument preservation, the Eleventh Circuit
declined to pass” on Lt. Stanley’s “theory” that she was
discriminated against during her employment, and that this Court
did not grant certiorari to decide whether
that assessment
was correct.
Ante, at 17. But Lt. Stanley’s “theory” was
merely a response to the City’s argument that her complaint failed
to state a claim. Moreover, the allegation that the relevant
discriminatory act took place while she was still on the job tees
up the question we did grant certiorari to address: “Under the
[ADA], does a former employee—who was qualified to perform her job
and who earned post-employment benefits while employed—
lose
her right to sue over discrimination with respect to those benefits
solely because she no longer holds her job?” Pet. for Cert. i
(emphasis added). Lt. Stanley maintains that she states a claim for
discrimination under the ADA with respect to retirement benefits
she earned while working despite the fact that she no longer holds
the job. The question presented neither states nor suggests that
the employer’s act of discrimination took place only
after
Stanley retired.[
5] And, to the
extent such timing is even relevant, answering the question Lt.
Stanley actually presented in light of her contention that the
discrimination occurred while she was still working is the only
framing that is actually consistent with the facts alleged in Lt.
Stanley’s complaint.
2
What is more, “[o]ur traditional rule is that
‘[o]nce a federal claim is properly presented, a party can make any
argument in support of that claim; parties are not limited to the
precise arguments they made below.’ ”
Lebron v.
National Railroad Passenger Corporation,
513 U.S.
374, 379 (1995) (quoting
Yee v.
Escondido,
503 U.S.
519, 534 (1992); second alteration in original). And, here,
nobody disputes that Lt. Stanley preserved the claim that the City
discriminated against her in violation of the ADA by changing her
retirement benefits. Lt. Stanley’s contention that she was subject
to the allegedly discriminatory policy while she was still an
employee “is—at most—‘a new argument to support what has been [her]
consistent claim.’ ”
Citizens United v.
Federal
Election Comm’n,
558 U.S.
310, 331 (2010) (quoting
Lebron, 513 U. S., at
379).
If the traditional rule applies anywhere, it
should be in a case of this nature. This claim was brought by a
disabled firefighter suffering from Parkinson’s who has
consistently maintained that the City’s change to its
retirement-benefits policy (implemented while she was an employee)
discriminates against disabled beneficiaries. If we extend leniency
to professional advocacy organizations when they craft allegations,
see,
e.g.,
Citizens United, 558 U. S., at 331,
it seems only fair to extend that same grace to those with limited
resources to game out long-term litigation strategies.[
6]
Moreover, it bears noting that this case comes
to us on review of a complaint, which need only plead facts
sufficient to support a claim, not comprehensive legal theories.
See
Skinner v.
Switzer,
562 U.S.
521, 530 (2011). If we were reviewing a summary judgment or
trial record developed on Lt. Stanley’s district-court legal
theories, the plurality might have a point. But, at the pleading
stage, a legal claim rises or falls based on the facts—not
theories—alleged.
If all that were not enough, the case record
here establishes that Lt. Stanley
tried below to make the
point that the discriminatory act she was complaining of occurred
during her employment, once the City made timing an issue. For
instance, Lt. Stanley’s opening brief to the Eleventh Circuit
incorporated the Government’s
amicus brief, which argued
that, contrary to what the City had asserted, Lt. Stanley had
suffered the alleged discrimination
while employed. Brief
for Appellant in No. 22–10002, at viii, 10; Brief for United States
as
Amicus Curiae in No. 22–10002, pp. 5, 11–21; see
also Reply for Appellant in No. 22–10002, pp. 4–13. Lt.
Stanley and the Government also made this point repeatedly to the
Eleventh Circuit at oral argument. Recording of Oral Arg. in No.
22–10002 (Aug. 24, 2023), at 0:35–5:50, 6:00–7:30, 8:20–9:20.
It is true that, instead of accepting the facts
as Lt. Stanley alleged them (and as the Federal Rules and our
precedents require), the Eleventh Circuit rejected Lt. Stanley’s
and the Government’s attempts to set the record straight about the
timing question. But it is odd, to say the least, that Lt. Stanley
is now being penalized for her thwarted earlier attempts to assert
that the City’s discriminatory actions occurred while she was still
an employee—especially when she might have been able to make that
point here if she had skipped saying this to the Eleventh Circuit
entirely and had pointed it out to us in the first instance. Cf.
Citizens United, 558 U. S., at 331 (holding that
parties can make any argument in this Court to support their claim,
even one not raised below).[
7]
3
Regardless of how the Eleventh Circuit handled
the allegations in this case, in my view, we need to remember that
our Court’s role is to decide what the law is for the entire
Nation. That reach carries with it the heightened responsibility to
tether the legal principles we pronounce to the facts of the case
before us, lest we not only create unfairness for particular
parties but also allow a poor vehicle to drive us—and the
law—astray. Considering questions of law divorced from the actual
facts raises doubts about our authority under Article III. See,
e.
g.,
Public Workers v.
Mitchell,
330 U.S.
75, 89 (1947) (“[F]ederal courts established pursuant to
Article III of the Constitution do not render advisory opinions”).
It also risks error, because it is far more difficult to correctly
address legal issues on facts that do not implicate the question
presented.
The discrepancy between real life and our legal
decisionmaking matters in concrete and demonstrable ways. A retiree
who alleges disability discrimination that first occurs only after
they have retired is in a materially different position from one
who was subjected to that same discriminatory action during her
employment. See Brief for United States as
Amicus Curiae 11
(“When an employer makes a discriminatory change in a
plaintiff ’s post-employment benefits, it retroactively alters
the plaintiff ’s terms or conditions of employment and changes
the compensation she earned as an employee performing the essential
functions of her job—that is, as a qualified individual”). Whether
or not Title I covers
that circumstance does not answer
whether a plaintiff like Lt. Stanley—who did not suffer a
retroactive change to her terms and conditions of employment, but
was instead subjected to the allegedly discriminatory policy
while employed—can sue.
When we realized that Lt. Stanley’s case does
not present a circumstance of discrimination that occurs only after
one’s employment ends, we had two reasonable options. We could have
applied our traditional rule, allowing Lt. Stanley to make all
arguments in support of her claim, and then considered how the
alleged facts of her case fare under the law as we understand it.
Alternatively, we could have dismissed the writ of certiorari as
improvidently granted and awaited a true case of postemployment
discrimination to decide that question. Instead, the Court chooses
door number three: to close its eyes to what Lt. Stanley actually
alleges and use her case nonetheless to answer an important legal
question that does not arise from the facts in her complaint. Thus,
in this of all cases, the Court abandons “its considered practice
not to decide abstract, hypothetical or contingent questions.”
Alabama State Federation of Labor v.
McAdory,
325 U.S.
450, 461 (1945); cf.
McCoy v.
Louisiana, 584 U.S.
414, 429 (2018) (Alito, J., dissenting) (“The Constitution gives us
the authority to decide real cases and controversies; we do not
have the right to simplify or otherwise change the facts of a case
in order to make our work easier or to achieve a desired
result”).
I think plowing forward to make new
pronouncements of law when the alleged facts do not implicate the
rule we are announcing is a mistake. That Lt. Stanley suffered
discrimination during her employment is not a disposable “theory.”
It is the only lens through which we can accurately—and
properly—view her case.
III
The second misstep that the Court makes in
this case is to construe Title I of the ADA to allow employers to
engage in postemployment discrimination. The text of the statute
itself says nothing—zero—about the preemployment or postemployment
timing of an act of disability discrimination. Nevertheless, the
Court homes in on one isolated provision (the qualified-individual
definition), detaches it from its place in the overall scheme, and
converts it into a strict limitation on the temporal reach of Title
I’s protection.
In my view, settled law requires a different
path. We should have followed the method this Court employed when
it addressed a comparable question of statutory interpretation in
Robinson v.
Shell Oil Co.,
519
U.S. 337 (1997). There, we held that “employees” in Title VII
covers former employees.
Id., at 346. To reach that
conclusion, we analyzed the text, context, and purposes of the
provisions at issue. Applied here, those indicators confirm that
Title I prohibits disability discrimination in the postemployment
payout of benefits earned during an employee’s tenure.
A
Robinson first says to consider whether
the statute’s text supplies “a plain and unambiguous” answer to the
question of what the statute allows.
Id., at 340. The
“inquiry must cease” at text alone only “if the statutory language
is unambiguous and ‘the statutory scheme is coherent and
consistent.’ ”
Ibid. (quoting
United States v.
Ron Pair Enterprises, Inc.,
489 U.S.
235, 240 (1989)). Title I’s text and overall scheme do not
foreclose—much less unambiguously so—retirees’ ability to sue over
discrimination in the postemployment payout of benefits they earned
on the job.
Consider first what Title I’s text does
not say. Title I does not categorically exclude former
employees or retirees from the ADA’s protection. Nor does it
explicitly carve out postemployment discrimination as
nonactionable. Nothing in the statute actually says that one must
currently hold or desire a job to obtain protection from the forms
of disability discrimination that Title I prohibits. And Title I
does not place a temporal limit on the reach of its
protections.
What the text of Title I
does plainly
convey is broad protection for workers against disability
discrimination with respect to job-related benefits. Section
12112(a)’s general prohibition bars disability discrimination “in
regard to” both “employee compensation” and “other terms,
conditions, and privileges of employment.” Section 12112(b)(2) also
specifically prohibits disability discrimination by “an
organization providing fringe benefits to an employee of the
covered entity.” As I explain in Part IV,
infra, those terms
capture deferred compensation that workers earn during employment
and then receive during retirement.
So where does the majority find its purported
temporal limit on Title I’s protections? Almost exclusively in the
statute’s qualified-individual definition. Recall that §12112(a)
prohibits disability discrimination against a “qualified
individual,” which §12111(8) defines as “an individual who, with or
without reasonable accommodation, can perform the essential
functions of the employment position that such individual holds or
desires.” Based on the text and tense of this provision, the
majority concludes that Title I offers no protection to an
individual who does not presently hold or desire a job. See
ante, at 5. It reaches that result by reading the
qualified-individual definition to apply equally to two scenarios.
See
ante, at 7–8. The first scenario is where someone seeks
to keep or obtain a job, but finds that aspiration stymied by
disability discrimination. The second scenario is where someone
previously had a job (for which they were qualified), but suffers
postemployment discrimination in the payout of job-related
benefits.
The false equivalence of these two very
different scenarios fuels the majority’s effort to sustain a
textualist case for a temporal limitation. But nothing in the text
compels it. It is perfectly permissible to read the
qualified-individual definition as setting a conditional mandate:
If a plaintiff relies on Title I regarding a job she seeks
to obtain or hold,
then she must be able to perform the
essential functions of that job. Brief for Petitioner 3.
Conditional mandates like this appear in daily life. Imagine seeing
a sign that reads: “To live in this apartment building, you must be
able to clean up after the pets that you own.”
Ibid. No one
would read that rule as requiring tenants to own pets; rather, it
is a conditional mandate that applies
if tenants have pets.
Ibid.[
8]
Read that way, the qualified-individual mandate
operates to protect employers from having to extend employment to
those who cannot do a job. See Part III–B,
infra. It says
nothing about the time at which the alleged discrimination must
occur relative to one’s period of employment.[
9]
The majority runs in a series of textualist
circles, attempting to find the explicit temporal limit it seeks in
the qualified-individual definition’s text. But it comes up short
of anything to confirm that the qualified-individual definition is
an expression of Congress’s temporal limit on all of Title I. And
the reality is that Title I’s text contains neither an express
prohibition against nor authorization for retiree lawsuits
challenging postemployment discrimination. Because text alone does
not supply an unambiguous answer,
Robinson’s framework tells
us to proceed to understand the context in which the “qualified
individual” definition appears in Title I, as well as the point of
that provision—
i.
e., what, exactly, Congress designed
that definition to do.
B
Congress incorporated the qualified-individual
provision into Title I of the ADA to address a particular problem.
Its legislative history makes clear that, by adding this provision,
Congress simply “intend[ed] to reaffirm that [Title I] does not
undermine an employer’s ability to choose and maintain qualified
workers.” H. R. Rep. No. 101–485, pt. 2, at 55. Congress was
responding to businesses’ concerns that protecting disabled workers
would mean requiring employers to hire employees whose disabilities
could threaten “the health or safety of others,” damage “property,”
or prevent the completion of the work.
Id., at 56. Could a
jewelry store in search of a security guard require “[m]obility and
dexterity” from an applicant?
Ibid. Or, if a job involved
lifting 50-pound boxes, could an employer require applicants to be
able to lift that much weight?
Id., pt. 3, at 36.
Congress added the qualified-individual
provision to make clear that the answer to these and similar
questions was
yes.
Ibid. It explained that, “[a]s
with other civil rights laws prohibiting discrimination in
employment,” Title I would not “limit the ability of covered
entities to choose and maintain a qualified workforce.”
Id.,
at 35–36. Employers could “hire and employ employees who can
perform the job” and use “job-related criteria” in making those
determinations.
Id., at 36. In other words, Congress
designed the provision to “ensure that employers can continue to
require that all applicants and employees, including those with
disabilities, are able to perform the essential,
i.e., the
non-marginal functions of the job.”
Id., pt. 2, at 55.
The “qualified” aspect of Title I’s protection
thus recognizes that, in certain situations, employers may lawfully
discriminate against applicants and current employees based on
disability. Specifically, employers may do so if disability renders
someone unable to perform the essential functions of a job that she
holds or desires. And that makes perfect sense when a plaintiff
seeks Title I’s protection with respect to hiring, promotion, or
firing determinations.
E.g.,
Cleveland v.
Policy
Management Systems Corp.,
526 U.S.
795, 806 (1999) (wrongful-discharge plaintiff had to show she
could “ ‘perform the essential functions’ of her
job”).
A retiree seeking to remedy discrimination as to
the payout of benefits already earned on the job, by contrast, does
not trigger the concerns that motivated Congress to craft a
qualified-individual metric. See,
e.
g.,
Castellano v.
New York,
142 F.3d 58, 68 (CA2 1998) (“Where the alleged discrimination
relates to the provision of post-employment benefits, rather than
to hiring, promotion, or firing, Congress’s expressed concern about
qualifications is no longer implicated”). Unlike allowing
disability discrimination against someone who is or seeks to be in
the workforce but cannot do the job, authorizing disability
discrimination against a retiree who was in the workforce, but has
now left it, has
nothing to do with the problem Congress was
addressing when it imposed the conditions in the
qualified-individual definition.
The long and short of it is that the
qualified-individual provision’s function is to protect employers
from having to hire and maintain employees who cannot do the work.
That provision is not designed to serve as a temporal limit that
extinguishes the rights of those who already did the work and have
now left the job. Nor does it make any
sense—given Title I’s
overall scheme—for the qualified-individual provision to moonlight
as such a temporal restriction. If Congress had wanted the
qualified-individual definition to do the work of cutting off
discrimination claims that arise after retirement, it easily could
have said so.
C
It is clear, then, that the majority has
commandeered Title I’s qualified-individual definition and used it
to steer today’s legal analysis through wholly inapposite terrain.
Doing this not only diverges from Congress’s design but also leads
to anomalous results. That is, even as the majority assumes that
Title I protects retirement benefits, it adopts an interpretation
that severely undermines those protections, rendering them null
just when they matter most. Worse still, the majority’s reading of
this statute counteracts the objective of the qualified-individual
provision—the very provision on which the majority’s holding
turns.
Under the majority’s logic, if an employer cuts
off an employee’s entitlement to retiree health benefits (because
of their disability) one day
before they retire, the
employee can sue. But if the employer waits until one day
after that employee’s retirement (assuming the employee no
longer desires the job they held), Title I offers them no
protection.
Imagine a janitor who is a deaf. She works
decades at a school, performing all essential functions of her job.
During that time, she earns retirement benefits, including
postemployment health insurance and a pension. After she retires,
the school cuts off her employer-provided retirement benefits on
the ground that “it was always a nuisance to have to accommodate
her all those years”—
i.
e., because of her deafness.
Does Title I protect her against this blatant disability
discrimination? Per today’s holding, the majority says no. Even
though the school has taken away job-related benefits that the
janitor earned during her working years, she is out of luck
because—the majority reasons—Title I’s protections are limited only
to those who hold or desire a job.
Arbitrariness abounds. If the retired janitor
remains able to perform the essential functions of her job, and if
she still wants to work, then she can bring a Title I suit to
challenge the school’s discrimination in the payout of retirement
benefits she already earned. But if she can no longer perform the
essential functions of her job, or if she simply no longer desires
a job, then she cannot. See Brief for AFL–CIO as
Amicus
Curiae 5. But
why would Congress hinge the retired
janitor’s protection against discrimination in the benefits she
earned while working on whether she wants and can perform a job in
the future? While she was working, she could perform the essential
functions of her job and thereby earned the benefits in
question—isn’t
that what matters in any coherent and
consistent scheme designed to protect against disability
discrimination?[
10]
It is illogical to conclude that, while Congress
wanted to protect against discrimination with respect to retirement
benefits, it crafted a statute that implicitly cuts off those
protections the moment a worker last clocks out. Holding as much
allows employers to evade Title I’s retirement-benefit protections
by bait and switch. They need not refrain from discrimination; all
they have to do is wait.
IV
Rather than unfastening the
qualified-individual definition from the objective that compelled
it and construing that provision to limit the broad protections
that the ADA confers, I would adopt the statutory reading most
consistent with the overall design of Title I. Congress passed the
ADA to protect people with disabilities, and it crafted Title I, in
particular, to provide disabled workers with meaningful protections
against disability discrimination in the provision of job-related
retirement benefits. To properly evaluate the intended scope of
Title I’s protections, courts need to situate its provisions within
that broader context.
A
At our best, this Court has appreciated the
ADA’s “broad mandate” and “sweeping purpose” for remedying
“widespread discrimination against disabled individuals.”
PGA
TOUR, Inc. v.
Martin,
532 U.S.
661, 674–675 (2001). We have called the statute’s
“ ‘comprehensive character’ ” one of its “ ‘most
impressive strengths.’ ”
Id., at 675. And we have seen
it as Congress designed it—“ ‘a milestone on the path to a
more decent, tolerant, progressive society.’ ”
Ibid.
Reading Title I to prohibit postemployment
discrimination in the provision of retirement benefits (as I do)
aligns with the broader purposes of the ADA. Retirement benefits
are an essential aspect of the “equality of opportunity, full
participation, independent living, and economic self-sufficiency”
that the ADA promotes. §12101(a)(7). They are also one of “those
opportunities for which our free society is justifiably famous,”
and Congress wanted to ensure that disabled Americans could enjoy
them, too. §12101(a)(8).
In other words, Title I’s protections encourage
disabled Americans to enter the workforce and have an equal
opportunity to earn
all that a good job brings to workers
and their families. Retirement benefits are a key piece of that
pie. Brief for AARP et al. as
Amici Curiae 19
(describing retirement benefits as a key factor in workers’
job-related decisions). After all, workers often decide whether to
enter the workforce, and when to leave, based on the terms of such
benefits. Protecting disabled Americans’ right to receive all that
they earned during their working years—free from disability
discrimination in retirement—is essential to a faithful application
of Congress’s handiwork.
The majority skips past these anchoring
objectives; it hastily assumes Congress wanted to confer protection
against job-related disability discrimination (to include
discrimination related to the provision of retirement benefits),
ante, at 9, but then treats the many provisions of the ADA
that demonstrate this congressional purpose as irrelevant to an
interpretation of Title I’s reach,
ante, at 9–10. In my
view, Congress’s clear aims are not so easily avoided.
A comprehensive look at Title I reveals its
protection of retirement benefits in at least three places. Section
12112(a)’s general prohibition bars disability discrimination “in
regard to”
both “employee compensation”
and “other
terms, conditions, and privileges of employment.” Additionally,
§12112(b)(2) prohibits disability discrimination by “an
organization providing fringe benefits to an employee of the
covered entity.” Legislative history reinforces that Congress
inserted these phrases into Title I to protect pensions, health
insurance, and other benefits that employers promise to give their
employees upon retirement. See H. R. Rep. No. 101–485, pt. 2,
at 54–55 (noting that Title I covers “the range of employment
decisions,” including those concerning “fringe benefits available
by virtue of employment”); see also
id., pt. 3, at 36
(prohibiting adoption of different “benefits” for disabled
employees);
id., at 38 (“[E]mployers may not deny health
insurance coverage completely to an individual based on the
person’s . . . disability”).
Congress also crafted Title I knowing that
courts had construed these terms in similar statutes to include
retirement benefits. This Court had held, for example, that a
“benefit need not accrue before a person’s employment is completed
to be a term, condition, or privilege of that employment
relationship.”
Hishon v.
King & Spalding,
467 U.S.
69, 77 (1984). It had thus made clear that “[p]ension benefits”
“qualify as terms, conditions, or privileges of employment even
though they are received only after employment terminates.”
Ibid. Five Justices had also reasoned that “[t]here is no
question that the opportunity to participate in a deferred
compensation plan constitutes a ‘conditio[n] or privileg[e] of
employment,’ and that retirement benefits constitute a form of
‘compensation.’ ”
Arizona Governing Comm. for Tax Deferred
Annuity and Deferred Compensation Plans v.
Norris,
463 U.S.
1073, 1079 (1983) (Marshall, J., joined by Brennan, White,
Stevens, and O’Connor, JJ., concurring in judgment in part)
(footnote omitted). And the Court had further clarified that “[a]
benefit that is part and parcel of the employment relationship may
not be doled out in a discriminatory fashion.”
Hishon, 467
U. S., at 75.
B
This backdrop highlights not only that
Congress viewed retirement benefits to be a protected form of
employee compensation, but also
how Congress intended for
this particular form of protection from disability discrimination
to operate. To be specific: Retirement benefits are
not
payments to retirees for something they do postemployment
(
i.
e., when they neither have nor desire a job).
Rather, as we held in an analogous context just before the ADA’s
passage, “retirement benefits are deferred compensation for past
years of service rendered.”
Davis v.
Michigan Dept. of
Treasury,
489 U.S.
803, 808, 810 (1989) (interpreting statute that consented to
state “ ‘taxation of pay or compensation for personal service
as an officer or employee of the United States’ ” to cover
federal retirement benefits, because they are compensation for
service as a federal employee). Thus, as we recognized in
Davis, although workers receive these benefits after they
retire, workers earn these benefits as employees—
during
their employment.
Ibid.
If an employer alters the payout of benefits
based on an employee’s disability after that individual’s
employment ends—say, by reducing pension benefits—the employer has
discriminatorily changed the terms and conditions of employment
that the individual was subject to while working.[
11] The retiree earns those benefits as an
employee; therefore, the postemployment adverse action
retroactively discriminates against that previously qualified
individual. See Brief for United States as
Amicus Curiae
29–32. So, even assuming (as the majority does) that the
individual’s qualifications are apposite to this particular
scope-of-coverage question (but see Part III–A,
supra), the
individual could perform the job’s essential functions when it
mattered—when the individual earned the benefits.
The Government proffers an illustrative
hypothetical. Imagine “a statute prohibiting airlines from
discriminating against a ‘qualified passenger’ in the ‘terms,
conditions, or privileges of carriage’ and defining a ‘qualified
passenger’ to mean someone who ‘meets the carrier’s eligibility
requirements for the flight on which the passenger is flying or
seeks to fly.’ ” Brief for United States as
Amicus
Curiae 31. What happens if the airline discriminates against
the individual in the handling of their baggage at their
destination, after they debark? The majority would say, too bad—the
individual is no longer a “qualified passenger.” But I would read
the statute in context, as the Government does: The individual was
qualified during the relevant period; the discrimination relates to
their act of flying with the airline as a passenger; and this is
the type of discrimination that the statute was designed to stop.
This reading follows from the text, context, and primary purpose of
the statute—it renders the provision in question part of a coherent
and consistent overall scheme.
So it is here. A retiree who worked and earned
benefits as a qualified individual, then suffered discrimination at
the payout stage for those benefits in retirement, is covered by
Title I’s protections. On such facts, fairly interpreted, the
employer has “discriminate[d] against a qualified individual
. . . in regard to . . . employee
compensation.” §12112(a). That is precisely what Title I
prohibits.
C
Waving off Congress’s broader objectives, the
majority notes that legislation does not “pursu[e] its stated
purpose at all costs.”
Ante, at 11 (internal quotation marks
omitted). This common rejoinder attacks a strawman. Looking to a
statute’s purposes helps us to understand—not override—that
statute’s text. And while legislators may not pursue their purposes
“at all costs,” such calibrations and the compromises they reflect
do not make legislative purposes irrelevant to a full and fair
evaluation of what a statutory provision means, as the majority
suggests.
Too often, this Court closes its eyes to
context, enactment history, and the legislature’s goals when
assessing statutory meaning. I cannot abide that narrow-minded
approach. If a statute’s text does not provide a clear answer to a
question, it is not our role to keep twisting and turning those
words until self-confirmatory observations solidify our “first
blush” assumptions.
Robinson, 519 U. S., at
341.[
12]
Courts should remember that “[l]egislation has
an aim; it seeks to obviate some mischief, to supply an inadequacy,
to effect a change of policy, to formulate a plan of government.”
F. Frankfurter, Some Reflections on the Reading of Statutes, 47
Colum. L. Rev. 527, 538–539 (1947). Viewing a statute’s text
in light of its aims allows us to “carr[y] out Congress’ likely
intent in enacting the statutory provision before us.”
Zuni
Public School Dist. No. 89 v.
Department of Education,
550 U.S.
81, 93 (2007). Crucially, this keeps us to our proper role as
judges in a democratic system. See
United States v.
American Trucking Assns., Inc.,
310
U.S. 534, 542 (1940) (courts’ role in interpreting statutes is
“to construe the language so as to give effect to the intent of
Congress”).
Here, instead of rendering Title I’s
retirement-benefit protections an empty promise by adopting a
reading “destructive of [its] purpose,” the Court should have
adopted the reading that is not only plainly text-based but is also
“more consistent with the broader context of [Title I] and the
primary purpose of ” its protections.
Robinson, 519
U. S., at 346. In my view, in the absence of any clear
temporal limitation on the scope of Title I, the best
interpretation would permit those who were qualified enough to earn
benefits while working to seek a remedy for postemployment
discrimination in the payout of those benefits.
* * *
Disabled Americans who have retired from the
workforce simply want to enjoy the fruits of their labor free from
discrimination. Congress plainly protected their right to do so
when it crafted Title I. Yet, the Court ignores that right today.
It reaches out to cut off postemployment protection against
disability discrimination in a case that does not require us to
decide that question; seizes upon the inapposite text of the
qualified-individual definition; and converts that text into a
temporal limit it was never designed to be. Worse still, by doing
all this, the Court renders meaningless Title I’s protections for
disabled workers’ retirement benefits just when those protections
matter most.
It is lamentable that this Court so diminishes
disability rights that the People (through their elected
representatives) established more than three decades ago. Even so,
there is hope for a legislative intervention to fix the mistake the
Court has made. Americans with disabilities have proven time and
again that they can overcome long odds in fighting for their own
equality. When that happens, my one wish would be for this Court to
stay out of their way.