10th Circuit Reinstates Disability Bias Claim Where There Is No Expert Testimony

Mealey's (December 11, 2019, 4:09 PM EST) -- DENVER — A 10th Circuit U.S. Court of Appeals panel on Nov. 8 reinstated an employee’s claim of disability discrimination against a former employer that was dismissed after the employee failed to provide expert medical evidence of her alleged disability, finding that “expert medical evidence is not required to establish a disability in all ADA [Americans with Disabilities Act] cases” and ordering further consideration on remand (Jonella Tesone v. Empire Marketing Strategies, No. 19-1026, 10th Cir., 2019 U.S. App. LEXIS 33488)....