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· 1/28/1999

Vera L. Nunes v. Wal-Mart Stores, Inc. Mike Black Rita Silva

Citations

  • 164 F.3d 1243
  • 99 Daily Journal DAR 953
  • 8 Am. Disabilities Cas. (BNA) 1813
  • 99 Cal. Daily Op. Serv. 791
  • 1999 U.S. App. LEXIS 1048
  • 1999 WL 33703

How courts have described this case

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

  • holding that unpaid medical leave can be a reasonable accommodation under the 4 || Americans with Disability Act (the “ADA”)
  • stating that “[t]he ADA prohibits an employer from discriminating against a qualified individual with a disability because of the disability”
  • explaining that, to establish a claim of discrimination under the ADA, a plaintiff must show (1) he is disabled within the meaning of the statute, (2) he is a “qualified individual” under the statute, and (3) he was discriminated against because of his disability
  • Extended leave “may be a reasonable accommodation if it does not pose an undue hardship on the employer.”
  • analysis of direct threat “requires the employer to gather ‘substantial information’ about the employee’s work history and medical status, and disallows reliance on subjective evaluations by the employer”
  • “Even an extended medical leave, or an extension of an existing leave period, may be a reasonable accommodation if it does not pose an undue hardship on the employer.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Thompson', Fletcher, Ferguson, Thompson

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.