Tenth Circuit Holds that Failure-To-Accommodate Claims Require Adverse Employment Action

On October 11, the Tenth Circuit held that a failure-to-accommodate claim under the Americans with Disabilities Act (“ADA”) requires a showing of an adverse employment action, cementing a circuit split and making the issue ripe for U.S. Supreme Court review. In Exby-Stolley v. Board of County Commissioners, 906 F.3d 900 (10th Cir. 2018), Plaintiff broke her arm, permanently preventing her from effectively performing her former duties as a health inspector.  The County denied Plaintiff’s request to create a new position and assigned Plaintiff to a temporary part-time office job.  Plaintiff alleged that the County rejected all of her proposed accommodations and that, after meeting with a physician regarding her permanent restrictions, her supervisor asked her if she wanted help writing her resignation letter. The County’s HR analyst testified, however, that she viewed the meeting as part of the interactive process and intended to continue looking…

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