What's At Stake In High Court's CVS Disability Bias Case

By John Mastando, Jay Minga and Maya Rich (September 10, 2021, 6:03 PM EDT) -- The U.S. Supreme Court recently decided to review the U.S. Court of Appeals for the Ninth Circuit's decision in CVS Pharmacy Inc. v. Doe.

With the grant of certiorari, the Supreme Court has agreed to consider the scope of disability discrimination claims available not only under the Affordable Care Act, but also under Section 504 of the Rehabilitation Act, which is incorporated into the ACA's anti-discrimination provision.

Notably at stake is whether Section 504, and thus the ACA, provides a disparate-impact cause of action for plaintiffs alleging disability discrimination.

According to both the U.S. District Court for the Northern District of...

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