Job transfers and disability leave

1. Does the Ninth Circuit decision, which relied on pre-Muldrow opinions, conflict with Muldrow and post Muldrow decisions in other Circuits by finding no actionable employment harm in an involuntary transfer, solely because the employee retained her title, rank, and pay, despite evidence of materially adverse changes to her employment terms and conditions? 2. Whether the Americans with Disabilities Act and the Family and Medical Leave Act of 1993 allow employers to use past protected leave or speculative future leave related to a disability, including cancer, as a legitimate reason for adverse actions without following the ADA ’ s interactive process or showing undue hardship.