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· 7/22/1998

John P. Malabarba v. Chicago Tribune Company

Citations

  • 149 F.3d 690
  • 8 Am. Disabilities Cas. (BNA) 1505
  • 1998 U.S. App. LEXIS 16777
  • 1998 WL 407165

How courts have described this case

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

  • holding that the relevant question is whether the plaintiff can perform the essential functions of his permanent job position—not the functions of a temporary light duty assignment
  • stating that “the ADA does not require that employers convert temporary work assignments into permanent positions”
  • noting employer’s obligation is to provide some reasonable accommodation, not necessarily the one the employee prefers
  • distinguishing Taylor because the plaintiff in that case was assigned to a permanent light-duty assignment, as opposed to a temporary light-duty assignment
  • “[A]n employer does not have to accommodate a disabled employee by promoting him or her to a higher level position.”
  • “[I]t would be unreasonable for Malabarba to have expected the Tribune to separate the automatic lift operator task out of the multi-duty inserting packager position.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Coffey, Kanne

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.