Justices Won’t Review Adverse Act in ADA Accommodation Suit (1)

The U.S. Supreme Court declined Monday to review whether a worker who says she was denied an accommodation for a disability must prove the denial was an “adverse employment action” to recover under the Americans with Disabilities Act.

An accommodation denial under the ADA must affect the worker’s terms or conditions of employment to amount to an adverse employment action, the Board of County Commissioners of Weld County, Colo., said in seeking high court review. The U.S. Court of Appeals for the Tenth Circuit wrongly held that former health inspector Laurie Exby-Stolley didn’t need to make such a showing in ...