Tenth Circuit reaffirms Adverse Employment Action element of discrimination claims, including failure-to-accommodate claims under the ADA
The Tenth Circuit reaffirmed that plaintiffs must prove they suffered an Adverse Employment Action in all discrimination claims, including claims alleging a failure to accommodate under the ADA.
(A)n adverse employment action is an element of a failure-to-accommodate claim
To establish an Adverse Employment Action, the plaintiff must prove more than that she suffered a “a mere inconvenience or an alteration of job responsibilities.” Rather, the Tenth Circuit held she must prove that she suffered harm to “a term, condition, or privilege of employment.”
Source: Exby-Stolley v. Board of County Commissioners, (10th Cir. 2018).
Hi Bill —Just wanted you to know that the 10th Circuit granted the appellant’s petition for rehearing en banc in this case in December 18th. Supplemental briefing has been ordered and the case will be argued in May.
Thanks Joan!