Split En Banc 10th Circuit: No Adverse Action Needed For Failure To Accommodate

Mealey's (November 11, 2020, 3:00 PM EST) -- DENVER — A successful failure-to-accommodate claim under Title I of the Americans with Disabilities Act (ADA) does not require the showing of an adverse employment action, a split en banc 10th Circuit U.S. Court of Appeals ruled Oct. 28; the court remanded the case before it for a new trial (Laurie Exby-Stolley v. Board of County Commissioners, No. 16-1412, 10th Cir., 2020 U.S. App. LEXIS 33962)....