Full 10th Circ. Signals It May Scrap Employee Disability Ruling

Law360 (May 7, 2019, 10:44 PM EDT) -- At oral arguments before the full Tenth Circuit Tuesday, the court seemed likely to overturn its earlier holding that disabled workers suing their employers under the Americans with Disabilities Act must have been fired or demoted to bring the claims.

While a Tenth Circuit panel held that former Weld County, Colorado, employee Laurie Exby-Stolley had to have faced an adverse employment action to bring failure to accommodate claims against the county, the full court is reconsidering that decision.

Several judges sitting en banc in Exby-Stolley's case Tuesday expressed concerns about whether that reading of the ADA would undermine its fundamental purpose....

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