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10TH CIRCUIT REVERSES LOWER COURT ON ADA DIRECT-THREAT STANDARD

March 19, 2015 • joedolson

On March 16, the Tenth Circuit Court of Appeals drove home that when it comes to jury instructions, the devil is inthe details. The court reversed a verdict in favor of the U.S. Equal Employment Opportunity Commission (“EEOC”). (See: Equal Employment Opportunity Commission, Plaintiff – Appellee v. Beverage Distributors Company, LLC, No.14-1012).

This case is important in that it clarifies that actual proof of a direct threat is not required to assert the defense;all that is required is a reasonably-held belief of a direct threat. It also serves as a reminder that precise languageis of paramount importance in jury instructions, lest a jury hold an employer liable based on a failure to provesomething that it was not required to prove in the first instance.

(Important discussions on this and all employment issues at Spring 2015 conference.)

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