Phelps v. Optima Health, Inc.

How courts have described this case

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

• noting that the presence of survey evidence will not always 22 preclude summary judgment
• where appellant failed to cooperate or actively engage in interactive process, employer could not be held liable for failure to accommodate
• employer did not have to allow nurse employee to engage in a job-sharing arrangement as a reasonable accommodation
• “An employer is not required by the ADA to create a new job for an employee, nor to re-establish a position that no longer exists.”
• the fact that the plaintiff does not face such situations “does not necessarily mean that those tasks . . . are not essential”
• “Although a reasonable accommodation may include job restructuring, an employer need not exempt an employee from performing essential functions, nor need it reallocate essential functions to other employees.” (internal citation and quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).