Worker Wants Full 10th Circ. To Clarify Disability Standard

Law360 (February 22, 2021, 5:09 PM EST) -- A Colorado grocery store worker has asked the Tenth Circuit for a rehearing to clarify the standard for determining whether an individual is disabled after a panel declined to revive the worker's suit accusing a Kroger marketing partner of firing her over her back problems.

In a 20-page petition filed Friday, the worker, Jonella Tesone, urged the Tenth Circuit for a panel rehearing, or a rehearing en banc, to clarify whether a "simple impairment" such as a back injury qualifies as a disability under the Americans With Disabilities Act Amendments Act.

The ADAAA was passed in 2008 and amended the Americans...

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