Worker Made to Use Employee Assistance Gets Lawsuit Revived (1)

A lower court must reweigh whether a Colorado health system’s mandatory referral of a worker to its employee assistance program could be an adverse job action, the Tenth Circuit ruled Monday.

The court revived the former billing department employee’s disability bias suit for a fresh look under the new adverse action test set by the US Supreme Court in Muldrow v. City of St. Louis. A lower court rejected Bethany Scheer’s claim against faith-based non-profit Sisters of Charity of Leavenworth Health System Inc., on the ground that the EAP referral didn’t significantly alter the terms or conditions of her ...