Divided 10th Circuit Clarifies Elements of ADA Claim

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Almost 2 years ago, a three-judge panel of the 10th U.S. Circuit Court of Appeals (which covers Kansas employers) had ruled employees can’t sue the employer for failing to provide a reasonable accommodation under the Americans with Disabilities Act (ADA) unless they can prove some additional adverse employment action. The full 10th Circuit recently revisited the ruling, however, and, in a 7-5 split, rejected the adverse-action element.

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Laurie Exby-Stolley, a county health inspector in Colorado, sued her employer for disability discrimination on the grounds it had failed to provide her with a

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