The Tenth Circuit on Wednesday issued two published opinions and five unpublished opinions.
In Porter Trust v. Rural water Sewer District No. 1, the Court upheld the district court’s determination that this dispute was improperly removed from the Logan County Board of County Commissioners and upheld the award of attorney fees to the plaintiffs based on an objectively unreasonable removal.
In Duvall v. Georgia-Pacific Consumer Products, the Court reviewed the issue of when a position is “vacant” for purposes of the Americans with Disabilities Act if a disabled employee requests reassignment to the position as a reasonable accommodation. Here, the position in question was temporarily filled while plaintiff’s company transitioned to outsourcing. His replacement position was not suitable because of his disability, but his employer would not accommodate him by allowing him to return to his original position. The Court held “that a position is ‘vacant’ for the purposes of the ADA’s reassignment duty when that position would have been available for similarly-situated nondisabled employees to apply for and obtain.” As that was not the case, the Court upheld the district court’s grant of summary judgment for the defendant.