Hawkins v. Schwan's Home Service, Inc.

How courts have described this case

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

• recognizing “that we are bound to follow our own precedent and its express incorporation of the EEOC regulations”
• explaining that an employer’s judgment concern- ing essential functions is entitled to deference
• finding direct evidence of discrimination where employer’s decision was based on failed routine DOT medical evaluation
• “We have consequently said that under the ADAAA, a plaintiff is a qualified individual as long as he can perform a job offered by the employer that he desires.” (alterations and quotation marks omitted)
• “Direct evidence is evidence from which the trier of fact may conclude, without inference, that the employment action was undertaken because of the employee’s . . . disability.” (emphasis added) (brackets and internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).