· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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