· 2/23/1999
Juanita E. Foster v. Arthur Andersen, LLP
Citations
- 168 F.3d 1029
- 9 Am. Disabilities Cas. (BNA) 126
- 1999 U.S. App. LEXIS 2753
- 75 Empl. Prac. Dec. (CCH) 45,773
- 1999 WL 86814
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that to recover under the ADA, an employee must demonstrate that impermissible discrimination was a motivating factor
- observing that the plaintiff’s disability need not be the “only reason” for the denial, but must be a “substantial factor”
- explaining that “to state a prima facie case of ‘failure to accommodate’ disability discrimination, a plaintiff who has suffered an adverse employment action must show that ... the disability caused the adverse employment action (a factor which is implied if not stated)”
- stating that “Foster would have to show more than just temporal proximity”
- including, as an element of a failure to accommodate claim, “the disability caused the adverse employment action”
- including in the prima facie failure- to-accommodate case the requirement that “the disability caused the adverse employment action (a factor which is implied if not stated)”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Wood, Manion
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.