Tenth Circuit Holds Reasonable Accommodation Required in "Regarded As" Cases

Yesterday, the Tenth Circuit issued its opinion in Kelly v. Metallics West, Inc.. In that case brought under Title I of the ADA, the court held that employers have a duty to provide reasonable accommodation to all employees who satisfy the statutory "disability" definition, even those who satisfy the definition because they are "regarded as" disabled by their employer. The Tenth Circuit's decision in this case weighs in on a longstanding circuit split, albeit one the Supreme Court has passed up several chances to review (most recently this Term in Philadelphia Housing Auth. v. Williams).