10th Circ. ADA Ruling May Affect Employer Accommodations

Law360 (November 19, 2020, 10:37 AM EST) -- On Oct. 28, the U.S. Court of Appeals for the Tenth Circuit issued an en banc decision in Exby-Stolley v. Board of County Commissioners.[1]

This case revolved around the issue of whether the Americans with Disabilities Act as amended contemplates a failure-to-accommodate claim when the employee has suffered no adverse employment action.

The Tenth Circuit concluded that an employee may prevail on a failure-to-accommodate claim under the ADA even without adverse action.

In light of this new guidance, employers may be concerned about whether they need to make changes to their ADA policies. A brief review of the decision from the...

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