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· 6/4/2015

Michael Stern v. St. Anthony's Health Center

Citations

  • 788 F.3d 276
  • 31 Am. Disabilities Cas. (BNA) 1149
  • 2015 U.S. App. LEXIS 9301
  • 2015 WL 3499838

How courts have described this case

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

  • recognizing that, when opposing summary judgment, plaintiffs cannot rely “upon a conclusory and untested opinion/hope that the proposed treatment/accommodation would enable them to perform the essential functions of their jobs”
  • explaining that an employee must be qualified to perform the functions of a requested reassignment if sought as an accommodation
  • noting that an “employer may be obligated to reassign a disabled employee, but only to vacant positions”
  • noting that for either type of discrimination claim—failure to accommodate or disparate treatment—a plaintiff must establish that he is a “qualified individual”
  • explaining that a “conclusory and untested opinion/hope that the proposed . . . accommodation would enable [the plaintiffs] to perform the essential functions of their jobs” was insufficient to satisfy their burden on summary judgment
  • stating plaintiffs cannot \rel[y] upon a conclusory and untested opinion/hope that the proposed treatment/accommodation would enable them to perform the essential functions of their jobs\

Source: CourtListener parenthetical corpus (CC0).

Judges: Williams, Tinder, Hamilton

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.