Skip to main content
· 3/20/2006

Janet M. Turner v. Hershey Chocolate USA

Citations

  • 440 F.3d 604
  • 17 Am. Disabilities Cas. (BNA) 1249
  • 2006 U.S. App. LEXIS 6836
  • 2 Accom. Disabilities Dec. (CCH) 12
  • 2006 WL 686991

How courts have described this case

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

  • holding that a plaintiff must first make a “facial showing that [the] proposed accommodation is possible”
  • holding that whether an employee could perform the essential functions of a job with accommodations was a factual question for the jury
  • observing that a disabled employee must make a prima facie showing that a proposed accommodation is possible before the burden shifts to the employer to prove that the accommodation is unreasonable or unduly burdensome
  • finding that plaintiff’s statements in a social security benefits application did not judicially estop her in a subsequent ADA action where she proposed reasonable accommodation requests, which were not accounted for by the Social Security Administration
  • finding employers are not required to provide a reasonable accommodation that “would impose an undue hardship on the operation of the business of the [employer].”’
  • declining to decide as a matter of law that a function was not essential even though five of the seven factors in 29 C.F.R. § 1630.2(n)(3) favored that conclusion

Source: CourtListener parenthetical corpus (CC0).

Judges: Rendell, Fisher, Van Antwerpen

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.