O'Loughlin v. County Of Orange |
9th Cir. |
A
cause of action under the Americans With Disabilities Act is a
"claim" for bankruptcy purposes when the defendant's subject
conduct (an employer's failure to make a reasonable accommodation) occurred
prepetition, even though the employee did not receive a right to sue
letter until after the employer's bankruptcy was filed.
When a plaintiff alleges a cause of action under the
Americans With Disabilities Act, and some of defendant's conduct occurred
before defendant's bankruptcy discharge, while other conduct occurred
postconfirmation, claims based on preconfirmation conduct are barred by
the bankruptcy discharge but the trial court errs in dismissing the
claims pertaining to postconfirmation conduct. The defendant/employer's
repeated failures to offer reasonable accommodations did not constitute
a single "continuing violation of the ADA (which would have related
back to the original, prepetition violation), but instead were distinct,
independent violations of the statute, such that liability for
postconfirmation violations was not barred by the employer's bankruptcy
discharge. |