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Aubrey v. Koppes, 975 F.3d 995 (10th Cir. Sept. 18, 2020)

Sep 18, 2020

Reversing summary judgment on a failure to accommodate claim under the Americans with Disability Act, the Tenth Circuit held that a jury could find that a public employer failed to engage in the interactive process required by the ADA, even though the employer held a pre- termination hearing, where there was evidence that the employer did not attempt to discover employee’s limitations or explore the accommodations that would allow the employee to return to work. In doing so, the court drew a distinction between the reasonable accommodation requirements under the ADA and the due process requirements for terminating a public employee.