• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

How Broad Is The ADA’s Ban on Retaliation? Court Weighs In

Tom D'Agostino
By: Tom D'Agostino
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: September 5, 2025
5 minute engagement
Ban On Retaliation Is Broad Court Warns

A new decision from a federal appeals court has an important message for HR pros about the scope of the ADA’s ban on retaliation.

The message: The ADA’s anti-retaliation provision is expansive, and it can even be used by employees who do not have an ADA disability.

Retaliation Case: Employee Goes to Bat for Friend

For more than a decade, Monica Gray worked as a claim specialist for State Farm.

Gray did good work; she was regarded as a “higher-level performer” with superior knowledge and technical skills. She also served as a lead resource for other employees.

But that didn’t prevent her from being fired in 2017. Why? She says it was because she helped a co-worker assert her rights under the ADA. A lower court ruled against her, but a federal appeals court revived her allegation of unlawful retaliation.

Gray worked with Sonya Mauter, a friend who was part of a different work team. Gray’s team was managed by Chris Martin, and Mauter’s team was managed by Joe Kyle.

Accommodation Gets Pulled

For some time, State Farm granted Mauter the ADA accommodation of being excused from working overtime. That changed in 2017, when Kyle told her that State Farm would no longer grant that accommodation.

The appeals court’s decision paints an unflattering picture of Kyle. It says that in addition to pulling the accommodation, Kyle placed Mauter on leave until she agreed to work overtime; threatened her with termination if she did not agree to do so; and wrongfully told her she could not take FMLA leave.

Gray decided to help her friend. She researched the law, obtained relevant information from HR, and even filed an internal complaint against Kyle. The decision says Mauter told Kyle that Gray was helping her.

Did Supervisor Engage in Retaliation?

In November of 2017, Kyle stepped in to briefly supervise Gray’s team while Martin took a short vacation. Even though he was “not a stickler” when it came to State Farm’s timecard policies, the decision said, he took a microscope to Gray’s timekeeping record.

When he found three discrepancies, he reported them to Martin’s supervisor. That led to a deeper dive that showed another seven instances of timekeeping missteps.

The report of Gray’s discrepancies moved up the chain, and State Farm terminated Gray’s employment — purportedly for falsifying her timesheets.

Gray didn’t see things that way. She sued, insisting that she was let go in retaliation for helping Mauter assert her ADA rights. She alleged that Kyle selectively reported her for behavior that others engaged in without penalty.

A federal district court granted State Farm’s motion for summary judgment, and Gray filed an appeal.

Appeals Court Revives ADA Retaliation Suit

The appeals court revived Gray’s retaliation claim.

It explained that to win, Gray had to show:

  • She engaged in protected activity
  • State Farm knew she did so, and
  • State Farm let her go because she did so.

For purposes of defeating summary judgment, Gray checked all three of those boxes, the appeals court said.

Specifically, she engaged in protected activity by helping Mauter with her ADA accommodation issue; there was evidence that Kyle and others knew she did so; and the evidence of increased scrutiny, along with the timing of her termination, supported the allegation that she was released because she helped Mauter.

State Farm said it terminated Gray’s employment because she falsified her timecards, but Gray’s evidence of “differential scrutiny” raised a legitimate question about Kyle’s true motives, the court said.

There was also enough evidence for Gray to go forward with her claim that Kyle’s actions caused her termination, even though he was not the one who made the call to let her go.

She asserted a valid “cat’s paw” theory of discrimination, the court explained. This means there was evidence that a neutral decision maker took the adverse action against her based on Kyle’s alleged biased input.

The lower court’s ruling against Gray was reversed, and the case was remanded for further proceedings.

Key Takeaways

Here are some important takeaways from this ruling for HR pros.

  • The ADA’s ban on retaliation is broad. The statute specifically bans employers from discriminating against employees because they oppose an act or practice that the law forbids. The ADA actually goes a step further by including a separate provision that further specifically bans interference, coercion or intimidation. Remember that assisting others is protected activity under the law. It might seem a bit counterintuitive for a law against disability discrimination to protect nondisabled employees as well, but as this case shows, it makes perfect sense. Employers may not retaliate against someone because they helped a co-worker assert their ADA rights.
  • Be careful about turning up the heat on an employee right after they engage in a protected activity. The timing of an adverse action plays a role in determining whether that action was unlawfully retaliatory.
  • Know what employees must show to prove retaliation. The basic elements: protected activity, knowledge by the employer, and an adverse action that was motivated by the protected activity. If those elements are established, the burden is on the employer to show it had a legitimate, non-pretextual reason for the challenged job action.
  • Understand the “cat’s paw” theory of liability. This is where the actual decision maker may not have had a bad motive, but was influenced by a bad actor. This is the theory of liability asserted by Gray in this litigation.
  • Selectively enforcing workplace policies is always a terrible idea and is a sure invitation for trouble. Employers should always make sure policies are applied consistently to all employees.

Gray v. State Farm Mutual Automobile Insurance Co., No. 24-3086 (6th Cir. 7/25/25).

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

White Papers

MODERNIZING LEGACY APPLICATIONS: WHEN, WHY, AND HOW

Provided by CHAMPS

White Papers

Building an Incident Management Program? Start With These Four Fundamentals

Provided by Navex

Webinars

Benefits that Attract Millennials for the Long Term

White Papers

HR in 2026: Insights & Best Practices

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
Was Safety Training Adequate? Worker Gets Hurt While Using Ladder

A federal court in Texas addressed safety training claims raised by a Home Depot worker who was injured while using a ladder to retrieve a ...

  • Employment Law
Supreme Court Limits Nationwide Injunctions: 5 Takeaways for HR

A new Supreme Court decision has changed how federal rules can be blocked in court. While the facts of the case fall outside the employment...

  • Benefits
  • Employment Law
SECURE Act 2.0: What HR needs to know

On January 1st, provisions to the SECURE Act 2.0, part of the 2023 omnibus spending bill, went into effect – and it may affect your benef...

  • Employment Law
New Executive Orders: What HR Should Know for Trump 2.0

As expected, President Donald Trump began his second term by issuing a slew of executive orders on Day One — and he’s issued se...

  • Employment Law
Noncompete Agreement Might Be OK — Here’s Why

Idaho’s highest court negated a lower court ruling that said a doctor’s noncompete agreement could not be enforced. The case was sent b...

  • Employment Law
Top 5 Severance Agreement Mistakes Employers Make

When employers decide to part ways with employees, they often choose the route of offering up a severance agreement. A severance agreeme...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.