(Last Updated On: August 27, 2025)
If you are no longer working for an employer, could you still be eligible to file a discrimination claim under federal law? In short, when does a federal discrimination law apply to a former employee? There is no single way to answer this question because it will depend on the nature of the discrimination, the federal law under which you would be planning to file a claim, and the circumstances surrounding your departure from the employment relationship. This question has received a significant amount of attention over the past several months because of a recently decided court case concerning this question with respect to the Americans with Disabilities Act (ADA).
The United States Supreme Court recently decided the case of Stanley v. City of Sanford, Florida (2025), which concerns the application of the ADA to a former employee. In that case, the Court found that the ADA does not apply to a former employee, but the ruling is more complex than that. Our Massachusetts employment discrimination lawyers can tell you more about the case, including when it may or may not be applicable to your situation.
ADA Does Not Provide Protections for Former Employees
In Stanley v. City of Sanford, Florida, the Court ruled that to have a claim under Title I of the ADA (the section of the ADA related to employment discrimination), “a plaintiff must plead and prove that she held or desired a job, and could perform its essential functions with or without reasonable accommodation, at the time of an employer’s alleged act of disability-based discrimination.
To reach its decision, the Court focused on Title I of the ADA’s present-tense language that defines a “qualified individual” as a person “who, with or without reasonable accommodation, can perform the essential functions of the employment position that [she] holds or desires.” The Court emphasized how Congress had used “present-tense verbs” in that definition, which “signals that [the ADA] protects individuals able to do the job they hold or seek at the time they suffer discrimination, not retirees who neither hold nor desire a job.”
The Court’s decision clarifies that a person who has willingly left a job — and in a manner that does not constitute a constructive discharge, such as by retiring — cannot file a disability discrimination claim under the ADA. However, the Court also makes clear that this decision concerning an ADA claim does not apply to all federal discrimination laws.
Title VII Does Protect Former Employees from Discrimination
Unlike the language of the ADA, the Court makes clear that the language of Title VII of the Civil Rights Act of 1964 does protect job applicants and current employees, as well as former employees.
What this means is that it may be possible to file a discrimination claim under Title VII even as a retiree, for discrimination on the basis of race, color, religion, sex, or national origin. If you have questions about how other federal discrimination laws may or may not provide a basis for a claim, it is important to seek legal advice.
Consider Wrongful Termination or Constructive Discharge
It is also important to know that, even when a law like the ADA does not allow a claim from a former employee, that rule does not include employees who have been wrongfully terminated. If you are a former employee due to wrongful termination or a resignation that constitutes a constructive discharge, you should find out more about filing a claim under the ADA if your termination was related to disability discrimination. The recent Court decision does not have wrongfully terminated employees in mind.
Contact a Massachusetts Employment Discrimination Attorney Representing Clients in Massachusetts
If you believe you may have a discrimination case against a former employer, it is critical to seek legal advice as soon as possible. As we have discussed above, whether a former employee can file a discrimination claim under federal law will depend upon the specific federal law that is relevant to them, as well as the details surrounding their departure from the employer. An employee who decides to retire, for example, is in a much different position than an employee who has been wrongfully terminated, or whose decision to resign from the company constitutes a constructive discharge. Our employment attorneys have years of experience representing employees in discrimination claims and are here to assist you. Contact Rodman Employment Law to learn more about the services we provide to job applicants and employees in Massachusetts.
