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Reasonable Accommodation Failure to Accommodate Appellate Courts

Littler

Littler Lightbulb: June Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Sherman & Howard L.L.C.

Appellate Court Revives Employee’s ADA Claim While Adopting a Nuanced, Partially Pro-Employer Interpretation of the ADA

Several courts have held that an employer violates the ADA simply by refusing to provide a reasonable accommodation regardless of whether the refusal adversely affects the employee. Put another way, these courts hold that the...more

Sherman & Howard L.L.C.

Tenth Circuit Reverses Itself: Adverse Action Not Required To State ADA Failure-To-Accommodate Claim

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Sitting en banc, the Tenth Circuit Court of Appeals recently ruled that an adverse employment action is not a required element of a failure-to-accommodate claim brought under the Americans with Disabilities Act (“ADA”). In...more

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