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Case: Disability Discrimination/Sovereign Immunity (10th Cir.)

Aug. 16, 2022, 7:27 PM

A federal district court properly denied Denver’s motion to dismiss the disability discrimination claims under the Americans with Disabilities Act by an employee of the Denver Department of Human Services at the City and County of Denver, diagnosed with cerebral palsy, who was dismissed during her probationary period for poor performance, the Tenth Circuit affirmed. The court of appeals found that she sued Denver, not DDHS, and she plausibly alleged that she was employed by the city and other non-DDHS employees participated in the ADA interactive process and her termination, thus because sovereign immunity doesn’t extend to counties, cities, or ...