Tenth Circuit Holds that Muldrow Some-Harm Standard Applies in ADA Cases

In its 2024 Muldrow v. City of St. Louis decision, the U.S. Supreme Court expanded employee protections in Title VII discrimination cases by redefining what “adverse” employment action means. For almost three decades, courts understood that a Title VII plaintiff must prove that their employer took “material” or “significant” adverse action against them based on their protected class. Actions like discharge, demotion, and other decisions that impacted employee pay and promotional opportunities were considered sufficiently “material” adverse action. Less severe adverse actions that did not significantly change employment status (e.g., reassignment) did not necessarily qualify as adverse action.

That changed in Mu

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