Case: Disability Discrimination/Demotion (10th Cir.)

June 15, 2021, 2:09 PM

The Tenth Circuit ruled that Albuquerque Public Schools was improperly granted summary judgment on the Americans with Disabilities Act claim of a former special education administrative teacher that she was “regarded as” disabled and demoted when she was transferred to a classroom math teacher position following a stressful student education planning meeting that allegedly triggered her post-traumatic stress disorder. A reasonable jury could conclude that the transfer was an adverse employment action, even though both jobs carried the same salary and benefits, because there was evidence that the administrative position requires different skills and has greater responsibilities than the math ...

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