Abstract
This Article addresses a circuit split in the disability law jurisprudence. Under the Americans with Disabilities Act (ADA), employees generally bring two types of claims against their employers—discrimination claims and failure-to-accommodate claims. Succeeding on a discrimination claim requires proving that the employee suffered an adverse employment action. Succeeding on a failure-to-accommodate claim does not. But several courts—including a recent case in the Tenth Circuit—have added this adverse-employment-action requirement into failure-to-accommodate claims. In doing so, these courts have camouflaged important issues about an employer’s obligation to provide a reasonable accommodation to disabled employees. Although I believe that courts that require an adverse employment action in failure-to-accommodates claim do so in error, the main contribution of this Article is to reveal how courts have obscured and confused broader disability-accommodation issues by imposing that requirement.
Document Type
Article
Publication Date
2020
Publication Information
95 NYU Law Review Online 1-26 (2020)
Repository Citation
Porter, Nicole B., "Adverse Employment Actions in Failure-to-Accommodate Claims: Much Ado About Nothing" (2020). Faculty Publications. 2228.
https://scholarship.law.wm.edu/facpubs/2228