10th Circ. Says Temp-Filled Jobs Not Vacant Under ADA

Law360, New York (June 10, 2010, 5:59 PM EDT) -- A position currently held by a temporary worker is not “vacant” for the purposes of the Americans with Disabilities Act, a federal appeals court has ruled in affirming a victory for Georgia-Pacific Consumer Products LP.

The lower court did not err when it ruled that Georgia-Pacific did not have to return an employee with cystic fibrosis to his old job, which was being filled by a temp, the U.S. Court of Appeals for the Tenth Circuit said Wednesday.

According to the opinion, Georgia-Pacific transferred Travis Duvall...
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