EEOC Tells 10th Cir. Worker Assistance Plan Referral Was Adverse

The Tenth Circuit Tuesday seemed receptive to the EEOC’s argument that mandating an employee assistance program is an adverse job action, but signaled that may not be enough to revive a health system worker’s disability bias suit.

The US Supreme Court’s April 17 holding in Muldrow v. City of St. Louis that employment actions only need to carry “some harm” to be actionably adverse applies to situations where an employer requires a worker to participate in counseling to address mental health concerns, Equal Employment Opportunity Commission General Counsel Karla Gilbride told the Denver-based appeals court. The EAP referral here caused ...