James A. Schierhoff v. Glaxosmithkline Consumer Healthcare, L.P., a Limited Partnership

How courts have described this case

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

• statement by supervisor not direct evidence because he was not involved in the decisionmaking process
• \[A]n employee who cannot attend work cannot perform the essential functions of his job. This is true even when the absences are with the employer's permission.\
• “But ‘stray remarks in the workplace,’ ‘statements by nondecisionmakers,’ and ‘statements by decisionmakers unrelated to the decisional process’ do not constitute direct evidence.”
• “The applicable statute is typically the one in effect when the petition was filed.”
• “‘[S]tray remarks in the workplace,’ ‘statements by nondecisionmakers,’ and ‘statements by decisionmakers unrelated to the decisional process’ do not constitute direct evidence.” (quoting Radabaugh v. Zip Feed Mills, Inc., 997 F.2d 444, 449 (8th Cir. 1993))
• employee who was absent from the workplace approximately 40% of scheduled work days prior to his discharge was unable to perform his job with or without reasonable accommodations, as required to establish prima facie disability discrimination claim

Source: CourtListener parenthetical corpus (CC0).