EXBY-STOLLEY v. BD. OF COUNTY COM'RS

No. 16-1412.

979 F.3d 784 (2020)

Laurie EXBY-STOLLEY, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS, Weld County, Colorado, Defendant-Appellee. United States of America; Colorado Plaintiff Employment Lawyers Association; National Disability Rights Network; National Employment Lawyers Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed October 28, 2020.


Attorney(s) appearing for the Case

Jason B. Wesoky , Darling Milligan PC, Denver, Colorado, for Plaintiff-Appellant.

Alan Epstein ( Thomas J. Lyons and Mark S. Ratner , with him on the brief), Hall & Evans, L.L.C., Denver, Colorado, for Defendant-Appellee.

Anna Baldwin , Attorney, Appellate Section, Civil Rights Division, United States Department of Justice, Washington, D.C. ( Eric S. Dreiband , Assistant Attorney General, Tovah R. Calderon , Attorney, United States Department of Justice, Washington, D.C.; James L. Lee , Deputy General Counsel, Jennifer S. Goldstein , Associate General Counsel, Elizabeth E. Theran , Assistant General Counsel, and Gail S. Coleman , Attorney, Equal Employment Opportunity Commission, Washington, D.C., with her on the brief) filed an amicus curiae brief for the United States.

J. Bennett Lebsack , Lowrey Parady, LLC, Denver, Colorado, filed an amicus curiae brief for Colorado Plaintiff Employment Lawyers Association, National Disability Rights Network, and National Employment Lawyers Association.

Before TYMKOVICH, Chief Judge, KELLY, BRISCOE, LUCERO, HARTZ, HOLMES, MATHESON, BACHARACH, PHILLIPS, McHUGH, MORITZ, EID, and CARSON, Circuit Judges.


OPINION ON REHEARING EN BANC

In this en banc appeal, we address whether an adverse employment action is a requisite element of a failure-to-accommodate claim under Title I of the Americans with Disabilities Act (the "ADA"), 42 U...

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