In Beasley v. O’Reilly Auto Parts, the Eleventh Circuit rejected the argument that failing to accommodate a disabled employee under the Americans with Disabilities Act is itself actionable. The court held that a plaintiff must also prove that he suffered an adverse employment action affecting the terms, conditions or privileges of employment, such as discharge, discipline, demotion, cut in pay, etc.

The Eleventh Circuit’s decision is opposite to the Tenth Circuit’s decision in Exby-Stolly, which was itself a split decision. Therefore, it creates a circuit split that now invites review by the Supreme Court.