A federal appeals court in Atlanta will hear oral argument over whether disabled workers suing employers for failing to accommodate their disabilities must also show they were fired, demoted, or suffered another adverse employment action.
Teddy Beasley is attempting to revive his failure-to-accommodate lawsuit against O’Reilly Auto Parts, which a magistrate judge threw out because he didn’t establish that he suffered an adverse employment action. Beasley is deaf and communicates primarily through American Sign Language.
The US Equal Employment Opportunity Commission will appear alongside Beasley’s lawyer during oral argument Thursday to urge the US Court of Appeals for the Eleventh Circuit to overturn the judge’s ruling.
The Eleventh Circuit’s decision could clarify whether employers in Florida, Georgia, and Alabama can deny disability accommodation requests with impunity, provided they don’t take a separate adverse employment action against those disabled workers.
Federal appeals courts have been inconsistent on the issue. The full Tenth Circuit ruled 7-6 last year that a separate adverse action isn’t necessary, saying in its 2020 decision that six other circuits “either state, or strongly suggest” that there’s no such requirement, while no circuit “has regularly incorporated” it.
But the dissent in that narrowly decided case portrayed a “decidedly muddier picture,”...
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