· 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 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.