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(ADA Summary Judgement Research Process (Issue 2: Can Ms. Blake perform…
ADA Summary Judgement Research Process
Issue 1: What are the essential functions of the Nurse Manager Position?
Here I started with Westlaw and straight to the Text of the ADA itself. This is a federal issue but I still want to make sure that I will not forget to be in the Eighth Circuit later. I did this by going to Statutes, then the USCA, and then to the Index. From the Index, I searched the American with Disabilities Act.
From here I went to The section under employment. Which is Chapter 2 Title 1. Looking at the list I saw a section entitle Covered Persons--Essential Functions; § 2:7. This is key information on why functions must be deemed essential as well as evaluation factors for what makes a function essential. This is when I realized that this was not the statute but instead was a very unsound legal almanac.
Key Notes
Using the Civil Rights KeyNote 1218 (4) I looked at the cases using 78 key 1218(4) Employment qualifications, requirments, or tests. It again has a list as to what to consider when questioning essential elements. It is also relevant, published, and in October 2016. It is binding.
From here I noticed that this Act is to be enforced by the EEOC. This led me to want to see if there were any relevant administrative regulations by the EEOC so I decided to go back and check out to CFR.
I went to the regulations section and then the CFR. After using the index I was not allowed to click on the Americans with Disabilities Act so I returned from the Index and clicked on Labor. This then led me to the EEOC from with I found regulations and the definitions. It was easier to find because I already saw a case cite the CFR. I was looking to see if there would be anything different. The case cited the relevant CFR regulation and definition.
I went to the actual Act now under the USCA. I went to the index and then in the "A" section I did a control find for "American's with Disabilities Act" and found the act. 42 U.S.C.A. § 12101 et seq.; 29 C.F.R. § 1630. .
Next I decided to read the purpose under Notes and Decisions. After reading that I looked for Essential Functions under Definitions in the Table of Contexts under Employment. I didn't find it but I did find a Notes and Decisions side that stated Essential Functions of employment. This led to a few cases but more importantly It should me that the key cite was Civil Rights Key 1218 (4).
This led to a case called Heise v. Genuine Parts Company. It is in the same federal district court as our case. This means the court does not necessarily have to listen to the decision but it is persuasive. It is distinguished by a case out in Connecticut. I will see if it is applicable and examine the secondary sources listed as well to see the cases they cite. This case itself is distinguished for other reasons not relevant to the issue at hand. It also lists what "essential functions" must be which is great because it is persuasive. It also lays out what a prima facie case under the ADA holds. I then looked at its citing references and changed the jurisdiction to our own. None of the ones pertained to the issue at hand. :check:
This case states that the employers view as to what are essential functions are relevant and cites the Act stating that if the employer has listed a job description before interviewing for the position, that it can be used as evidence towards the essential functions. 42 U.S.C. § 12111(8).
That has led me to find a case that is finally binding. It is in the eight circuit court of appeals. This has Rules for essential functions. Alexander v. Northland Inn. United States Court of Appeals, Eighth Circuit. March 5, 2003. It has no negative treatment. It states what a prima facie case is. It is relevant. :checkered_flag:
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I wanted to see from the act which cases cite it and I filtered to our jurisdiction. It led to Benson v. Northwest Airlines. This case is relevant and binding, the negative treatment does not touch the elements I would use the case for. It states that the employer and elements in the job description, are what is relevant in establishing essential elements. :checkered_flag:
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Secondary Sources
Issue 2: Can Ms. Blake perform the essential functions of the Nurse Manager position with reasonable accommodations?
I decided to do a Boolean search in the correct jurisdiction. I used "reasonable accommodations" health worker to start off broadly. It did lead to a case called E.E.O.C. v. Hibbing Taconite Co.. This case has no negative treatment but is damaging for my clients case because one of the headnotes states that "reasonable accommodations" is a matter for a jury to decide. When trying to survive summary judgement that doesn't help the hospital. However, finding that key number I will work off it.
The headnote 78 key 1225(2) What are reasonable accommodations; factors considered
U.S. Airways, Inc. v. Barnett came up from the keynote search. This is a SCOTUS case that has a rule regarding reasonable accommodations. This rule is that there must not be an undue hardship to the employer for it to be a reasonable accommodation. Scruggs v. Pulaski County, Ark. 8th circuit says the same thing.
Minnihan v. Mediacom Communications Corp. March 9, 2015. This is also in the eighth circuit. and states that reassignment is not a reasonable accommodation. They do have to make a good faith effort to find a reasonable accommodation.
E.E.O.C. v. Convergys Customer Management Group, Inc. 8th CircuitCivil Rights
There is no precise test for what constitutes a reasonable accommodation under the ADA, but an accommodation is unreasonable if it requires the employer to eliminate an essential function of the job. Americans with Disabilities Act of 1990, § 2 et seq., 42 U.S.C.A. § 12101 et seq..
Scruggs v. Pulaski County, Ark. This case is relevant to both issues. It lays out the essential functions and rules regarding the reasonable accommodations. :star:
Moritz case found during the first element is relevant here.
ADA
Secondary Sources.
Under the relevant parts of the ADA I went to context and analysis. This allowed me to find multiple secondary sources. The ones I found the most relevant were from the 45A Am.Jur.2d. Job Discrimination § 200 What constitutes reasonable accommodation. For the first issue I was able to find 45A Am.Jur.2d Job Discrimination § 195 What are "essential functions" of job.
I attempted to look through law journals and Am.Jur on the Secondary Sources section. I booleaned "essential functions" and reasonable accommodations" and after searching through the index I was unable to find sources I thought were as helpful as the Am.Jur. ones I found earlier.