ADA Discrimination Case Sees Victory After Tenacious Appeal in Landmark Decision for the Tenth Circuit

Laurie loved working as a local health inspector in Weld County where she made sure the food in restaurants was safe for the community. When she was volunteering at a flu clinic, she fell and broke her arm. The injury never healed right but she kept working, though she was slower than she used to be. Weld County simply refused to help her and rejected every accommodation she suggested. Instead, the County told her to “go out on disability” or resign. Jason Wesoky took the case to trial for violation of the American’s With Disabilities Act for failure to accommodate and discrimination. The judge, in the face of clear law to the contrary, made Laurie prove she suffered an “adverse employment action” such as being fired. However, since she had been forced to resign, the jury found in the County’s favor. Undeterred, Jason appealed the case. The first panel of three judges affirmed, but one judge dissented. Seeing an opening, Jason asked the entire Tenth Circuit to review the case – an en banc review, case number No. 1:13-CV-01395-WYD-NYW. In October 2020, the Tenth Circuit reversed, setting the law for every state in the Circuit that when a disabled person needs accommodations, asks for them, and doesn’t get them, that establishes discrimination and a violation of the ADA.