ADA Failure to Accommodate Claim Requires Adverse Employment Action

When a health inspector requested the County create a new position for her due to an injury, the County denied her request but did accommodate her injury with a temporary job reassignment. The health inspector resigned from her position and filed suit alleging the failure to create a new position was in violation of her rights under the Americans with Disabilities Act (“ADA”). The jury sided with the County because their denial of her request did not result in any “adverse employment action”. The health inspector appealed. The Tenth Circuit upheld the verdict and stating an ADA discrimination claim requires an adverse employment action. Find out what this means to employers in the Tenth Circuit and beyond.