· 1/10/2013
Nicholas Keith v. County of Oakland
Citations
- 703 F.3d 918
- 27 Am. Disabilities Cas. (BNA) 552
- 2013 WL 115647
- 2013 U.S. App. LEXIS 595
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 employee may survive summary judgment when he can “[meet] his burden to show that a reasonable accommodation was possible”
- observing that the employee’s “initial burden” also requires that the proposed accommodation be “efficacious” and “proportional to costs” in the “run of cases” concerning the position (citation modified)
- “According to the regulations, ‘essential functions’ refer to job duties that are ‘fundamental’ rather than ‘marginal.’”
- noting that the individualized inquiry is a “threshold” one
- finding a genuine issue of fact as to a lifeguard's qualifications where evidence in the record indicated he may have successfully been able to perform his job even given his hearing loss
- reversing a grant of summary judgment because evidence that deaf individuals had successfully worked as lifeguards supported the inference that the plaintiff could, with a reasonable accommodation, perform the essential functions of the job
Source: CourtListener parenthetical corpus (CC0).
Judges: Sutton, Griffin, White
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.