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· 11/10/1998

Charles Nesser v. Trans World Airlines, Inc.

Citations

  • 160 F.3d 442
  • 8 Am. Disabilities Cas. (BNA) 1348
  • 1998 U.S. App. LEXIS 28233
  • 13 NDLR 274

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that the employee’s poor attendance, which was due to his Crohn’s disease, prevented him from performing an essential function of his job, and that the employee failed to make a facial showing that reasonable accommodation was possible
  • “[The defendant] considered attendance to be an ‘essential function’ of each of [the plaintiffs] positions with [the defendant].”
  • “It is clear that Nesser, who suffers from 11 Crohn's disease, is disabled within the meaning of the ADA.”
  • plaintiff is required to “make a facial showing that reasonable accommodation was possible” and then the burden shifts to the employer to show that it was unable to accommodate him
  • under ADA, plaintiff must first make “facial showing that reasonable accommodation was possible”
  • declining to decide whether working at home may be reasonable

Source: CourtListener parenthetical corpus (CC0).

Judges: Bowman, Loken, Kelly

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.