On November 19, 2020, the Fourth Circuit in Elledge v. Lowe’s Home Centers, LLC, ___F.3d___, 2020 WL 6750363 (4th Cir. Nov. 18, 2020) affirmed summary judgment for the employer. The National Disability Rights Network and the Fourth Circuit P&As joined an amicus drafted and filed by the North Carolina P&A discussing the ADA’s remedy of transfers as a reasonable accommodation. The U.S. Equal Employment Opportunity Commission also filed an amicus brief in support of Mr. Elledge. The Retail Litigation Center and the U.S. Chamber of Commerce filed an amicus brief in support of Lowe’s. The case was decided without oral argument due to the Court’s suspension of in-person oral arguments. Plaintiff filed a petition for rehearing en banc.
On December 15, 2020, the Court denied the petition.
