Worker Assistance Program as Adverse Job Act Probed by 10th Cir.

A health system worker’s bid Tuesday to revive her disability bias lawsuit may hinge on whether the EEOC can convince the Tenth Circuit that being required to use an employee assistance program is an adverse job action.

A Colorado federal judge granted summary judgment against Bethany Scheer in January, finding the EAP referral Sisters of Charity of Leavenworth Health System Inc. gave the former billing department employee didn’t significantly alter her job conditions. But the Equal Employment Opportunity Commission says that ruling relied on since outdated case law.

The April 17 US Supreme Court decision in Muldrow v. City of ...