Supreme Court of the United States · Official docket →
Cook County, Illinois, et al. v. John Nawara
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1393, 22-1430, 22-2395, 22-2451 · judgment April 1, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Under the Americans with Disabilities Act (“ADA”), it is unlawful for an employer to discriminate against its employees “on the basis of disability.”42 U.S.C. § 12112(a). The ADA defines “disability” as an actual or perceived impairment that substantially limits a major life activity. 42 U.S.C. § 12102. The Seventh Circuit below read §§ 12112(a), (d)(1) and (d)(4) of the ADA together to hold Defendants liable for discrimination, even though it was undisputed that the Plaintiff had no actual or perceived disability. This holding is in conflict with decisions of the Second, Third, Fifth and Tenth Circuits, and deepens a conflict between those courts and the Sixth Circuit. The question presented is: Does the Americans with Disabilities Act allow an employer to be held liable for discrimination on the basis of disability where the employee has no physical or mental impairment and is not regarded as having such an impairment.
Counsel of record
For petitioner
George David Sax
Scharf Banks Marmor, LLC
For respondent
Allison M. Zieve
Public Citizen Litigation Group
Proceedings
- Dec 15 2025Petition DENIED.
- Nov 25 2025DISTRIBUTED for Conference of 12/12/2025.
- Nov 20 2025Reply of petitioners Cook County, Illinois, et al. filed.
- Nov 10 2025Brief of respondent John Nawara in opposition filed.
- Nov 03 2025Brief amicus curiae of Illinois Chamber of Commerce filed.
- Oct 10 2025Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2025.
- Oct 09 2025Motion to extend the time to file a response from November 3, 2025 to December 3, 2025, submitted to The Clerk.
- Oct 02 2025Response Requested. (Due November 3, 2025)
- Oct 01 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 22 2025Waiver of right of respondent John Nawara to respond filed.
- Sep 12 2025Petition for a writ of certiorari filed. (Response due October 16, 2025)
- Jul 24 2025Application (25A88) granted by Justice Barrett extending the time to file until September 12, 2025.
- Jul 18 2025Application (25A88) to extend the time to file a petition for a writ of certiorari from August 13, 2025 to September 12, 2025, submitted to Justice Barrett.