Nehemiah Kong v. The Pep Boys Manny Moe and Jack of California

**Pep Boys Worker's Disability Case Gets Second Chance** Nehemiah Kong, a worker at Pep Boys auto service center, sued his employer claiming they discriminated against him because of his disability. Kong argued that Pep Boys failed to provide reasonable accommodations he needed to do his job and violated the Americans with Disabilities Act (ADA). The case initially went through the lower courts, but Kong wasn't satisfied with the outcome. He appealed to the Ninth Circuit Court of Appeals, which covers California and other western states. The appeals court decided to send the case back to the lower court for another review, rather than making a final ruling. This is called a "remand." The court wanted the original court to take another look at Kong's disability discrimination claims under the ADA. **What This Means for Workers:** This case shows that workers have options when they feel a court didn't properly consider their disability rights claims. If you believe your employer discriminated against you because of a disability or failed to provide reasonable accommodations, the appeals process can sometimes give you another chance to present your case. The ADA requires employers to work with disabled employees to find solutions that allow them to perform their jobs.