Case Explained: UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ANDREW J. DESORMEAUX v. KALITTA AIR, LLC ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Court: United States Court of Appeals for the Sixth Circuit

Filed: 2026-07-06

The Sixth Circuit affirmed the dismissal of DesOrmeaux’s Title VII and ADA retaliation claims (Counts I and III) because he failed to preserve arguments regarding protected activity and but-for causation by failing to address them substantively in his district court opposition brief, resulting in waiver. The court also affirmed summary judgment on Count IV (perceived disability discrimination) because DesOrmeaux waived appellate review of that specific claim by not presenting distinct arguments differentiating it from the precedent set in *Odell v. Kalitta Air, LLC*. However, the court reversed summary judgment on Counts II, V, and VI (ADA failure to accommodate and state law claims), holding that the district court erred in applying *Odell* as a matter of law without resolving material factual disputes regarding whether DesOrmeaux’s specific accommodation request—relying on his immunity status rather than scheduling modifications—was “inextricably intertwined” with the Collective Bargaining Agreement under the Railway Labor Act. The case is remanded for further proceedings consistent with this opinion to allow development of the record concerning the specific nature of the requested accommodation and its potential impact on the CBA’s seniority-bidding system.

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