10th Circuit: No Bias In Firing Where Worker Can’t Perform Essential Job Function

Mealey's (June 22, 2018, 10:17 AM EDT) -- DENVER — A Wal-Mart Stores Inc. worker who was fired after requesting that she not be required to clean the men’s restrooms failed to establish a prima facie case of disability discrimination despite being exempted from that task for several years because cleaning restrooms was an essential function of her job, a 10th Circuit U.S. Court of Appeals panel ruled June 20 (Simone Mielnicki v. Wal-Mart Stores, Inc., No. 17-1396, 10th Cir., 2018 U.S. App. LEXIS 16594)....