· 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 CourtListenerSourced 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.