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