Separate Adverse Act Not Needed for ADA Accommodation Claim (2)

A disabled Colorado county health inspector was held to an unfair standard at her failure-to-accommodate trial when the judge required her to prove the bias resulted in a separate adverse employment action, the Tenth Circuit ruled in a 7-6 vote on Wednesday.

At issue before the full U.S. Court of Appeals for the Tenth Circuit was the broad question of whether a Weld County, Colo., employee allegedly denied a job accommodation for a disability must show more than just a refusal by her employer to make requested changes to help her perform her work, in order to prove a violation ...