A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-08-24
Original Source: https://www.courtlistener.com/opinion/612506/a-society-without-a-name-v-commo... ↗

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The ADA’s retaliation provision provides, in relevant part,
that "[n]o person shall discriminate against any individual
because such individual . . . made a charge . . . under this
Chapter." 42 U.S.C. § 12203(a). To establish a prima facie
retaliation claim under the ADA, plaintiffs must allege (1)
that they engaged in protected conduct, (2) that they suffered
an adverse action, and (3) that a causal link exists between the
protected conduct and the adverse action. Rhoads v. F.D.I.C.,
257 F.3d 373, 392 (4th Cir. 2001). ASWAN argues that it sat-
isfies this test because (1) its ADA claims against VCU in this
lawsuit constitute protected conduct, (2) VCU’s withdrawal of
its earlier promise to help pay the cost of transporting home-
less people constitutes an adverse action against ASWAN and
14         A SOCIETY WITHOUT A NAME v. VIRGINIA
its members, and (3) the reason for VCU’s reversal was to
retaliate against ASWAN for bringing this lawsuit.

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