· 8/10/1995
Kathleen Borkowski v. Valley Central School District
Citations
- 63 F.3d 131
- 4 Am. Disabilities Cas. (BNA) 1264
- 1995 U.S. App. LEXIS 21682
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 permanent aide could be a reasonable accommodation if not performing the essential functions of the position
- observing that the plaintiff has “the burden of identifying an accommodation, the costs of which, facially, do not clearly exceed its benefits”
- explaining that plaintiff can prove that she can perform without accommodations or that “an accommodation exists that permits her to perform the job’s essential functions”
- “[M]eeting the burden of non-persuasion on the reasonableness of the accommodation and demonstrating that the accommodation imposes an undue hardship amount to the same thing.”
- requiring a Rehabilitation Act plaintiff to show that she needed an accommodation to retain her employment and that such an accommodation existed
- holding, in the context of the analog Rehabilitation Act, that “an individual is otherwise qualified for a job if she is able to perform the essential functions of that job, either with or without a reasonable accommodation” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Walker, Calabresi
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.