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Carlos Sanchez v. Northwest Airlines, Inc., Aka Nwa, A Domestic Corporation; Delta Air

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Submitted: February 17, 2011

Before WOLLMAN and BYE, Circuit Judges, and FLEISSIG, District Judge. *fn1

Carlos Sanchez brought a claim under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213, alleging his employer, Northwest Airlines, Inc. (“Northwest”), engaged in prohibited disability discrimination by rescinding Sanchez’s offer of promotion on the basis of his perceived physical limitations. Northwest moved for summary judgment contending, in part, that Sanchez’s claim was discharged in the company’s Chapter 11 bankruptcy, which had concluded two months after rescission of Sanchez’s offer. Siding with Northwest, the district court held Sanchez’s ADA claim was discharged by virtue of his failure to submit a request for payment by July 30, 2007, the bar date for the majority of administrative expense claims. Because Sanchez was not required to file a request for payment of an administrative expense at all, we reverse the judgment in favor of Northwest and remand for further proceedings.

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