Full 10th Circ. Scraps Disability Accommodation Ruling

Law360 (October 28, 2020, 10:14 PM EDT) -- A divided Tenth Circuit said Wednesday that workers who claim their employer did not accommodate their disability do not need to show they were fired or demoted to sue under the Americans with Disabilities Act, reversing an earlier panel decision.

The majority opinion from the full appeals court ordered a new trial in former Weld County, Colorado, health inspector Laurie Exby-Stolley's lawsuit against the county and reversed a 2-1 panel decision from 2018 that said she needed to show she faced an adverse employment action in order to sue.

The en banc majority said making an adverse employment action a requirement...

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