· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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