· 7/6/2006
Robert Dark v. Curry County Curry County Road Department Dan Crumley, Individually and in His Official Capacity as Curry County Roadmaster
Citations
- 451 F.3d 1078
- 18 Am. Disabilities Cas. (BNA) 97
- 2006 U.S. App. LEXIS 16838
- 2006 WL 1843399
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that at summary judgment an employee must identify the existence of an accommodation that at least seems reasonable on its face
- holding that defendant was not required to exempt plaintiff from operating heavy equipment, which “occup[ied] 65% of total work time”
- holding that the plaintiff has the burden to show existence of reasonable accommodation that would have enabled her to perform the essential functions of an available job
- concluding summary judgment was inappropriate when plaintiff showed his proposed accommodations, including reassignment, were reasonable on their face
- recognizing that even where the employer failed to engage in the interactive process, summary judgment remains available to an employer who can show that “there would in any event have been no reasonable accommodation available”
- holding that “recovery time of unspecified duration may not be reasonable accommodation”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, O'Scannlain, Burns
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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