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EEOC v. AutoZone, Inc., 630 F.3d 635 (7th Cir. 2010)

Articles Discussing Case:

No Adverse Employment Action, No Failure-to-Accommodate Claim, Tenth Circuit Rules

Jackson Lewis P.C. • November 19, 2018
The Americans with Disabilities Act (“ADA”) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone—absent an adverse employment action—enough to establish an ADA failure-to-accommodate claim? For example, if an employer fails to accommodate a wheelchair-bound employee by refusing to move her office a few feet closer to the entrance, has the employer violated the ADA? In this scenario, assuming the facts show that traveling the extra distance is just a mere inconvenience, the answer likely depends on whether an adverse employment action is a required element of a failure-to-accommodate claim.