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Summary Judgment Brief (Can Blake perform the essential functions of the…

- - - - (n) Essential functions—
        (1) In general. The term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. The term “essential functions” does not include the marginal functions of the position.
        (2) A job function may be considered essential for any of several reasons, including but not limited to the following:
        (i) The function may be essential because the reason the position exists is to perform that function;
        (ii) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or
        (iii) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.
        (3) Evidence of whether a particular function is essential includes, but is not limited to:
        (i) The employer's judgment as to which functions are essential;
        (ii) Written job descriptions prepared before advertising or interviewing applicants for the job;
        (iii) The amount of time spent on the job performing the function;
        (iv) The consequences of not requiring the incumbent to perform the function;
        (v) The terms of a collective bargaining agreement;
        (vi) The work experience of past incumbents in the job; and/or
        (vii) The current work experience of incumbents in similar jobs.
      - (o) Reasonable accommodation.
        (1) The term reasonable accommodation means:
        (i) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
        (ii) Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable an individual with a disability who is qualified to perform the essential functions of that position; or
        (iii) Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
        (2) Reasonable accommodation may include but is not limited to:
        (i) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
        (ii) Job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.
        (3) To determine the appropriate reasonable accommodation it may be necessary for the covered entity to initiate an informal, interactive process with the individual with a disability in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.
        (4) A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability under the “actual disability” prong (paragraph (g)(1)(i) of this section), or “record of” prong (paragraph (g)(1)(ii) of this section), but is not required to provide a reasonable accommodation to an individual who meets the definition of disability solely under the “regarded as” prong (paragraph (g)(1)(iii) of this section).
      - "Citing References"
        
        Filter by "Supreme Court and 8th Circuit"
        
        CASES
        
        Minnihan v. Mediacom - Distinguishable
        
        Benson v. Northwest Airlines
    - - (a) It is unlawful for a covered entity not to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business.
        (b) It is unlawful for a covered entity to deny employment opportunities to an otherwise qualified job applicant or employee with a disability based on the need of such covered entity to make reasonable accommodation to such individual's physical or mental impairments.
        (c) A covered entity shall not be excused from the requirements of this part because of any failure to receive technical assistance authorized by section 507 of the ADA, including any failure in the development or dissemination of any technical assistance manual authorized by that Act.
        (d) An individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept. However, if such individual rejects a reasonable accommodation, aid, service, opportunity or benefit that is necessary to enable the individual to perform the essential functions of the position held or desired, and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified.
        (e) A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability under the “actual disability” prong (§ 1630.2(g)(1)(i)), or “record of” prong (§ 1630.2(g)(1)(ii)), but is not required to provide a reasonable accommodation to an individual who meets the definition of disability solely under the “regarded as” prong (§ 1630.2(g)(1)(iii)).
  - - - "Labor & Employment"
        
        Under "Federal" - "Americans with Disabilities Act"
        
        "42 USCA Ch. 126, Subch. I, Refs & Annos" - § 12111. Definitions
        
        (9) Reasonable Accommodation - The term “reasonable accommodation” may include--
        (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
        (B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
        
        "Context & Analysis"
        
        "Code of Federal Regulations" - REGULATIONS
        
        1 more item...
  - - - Search; Americans with Disabilities Act
        
        Chapter 2. Tiltle 1 - Employment
        
        § 2:7. --Essential Functions
        
        § 2:8. Reasonable Accommodations
- - - - "Labor & Employment"
        
        Under "Federal" - "Americans with Disabilities Act"
        
        "42 USCA Ch. 126, Subch. I, Refs & Annos" - § 12111. Definitions
        
        (8) Qualified Individual - The term “qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
        
        "Context & Analysis"
        
        "Code of Federal Regulations" - REGULATIONS
        
        1 more item...
  - - - (n) Essential functions—
        (1) In general. The term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. The term “essential functions” does not include the marginal functions of the position.
        (2) A job function may be considered essential for any of several reasons, including but not limited to the following:
        (i) The function may be essential because the reason the position exists is to perform that function;
        (ii) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or
        (iii) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.
        (3) Evidence of whether a particular function is essential includes, but is not limited to:
        (i) The employer's judgment as to which functions are essential;
        (ii) Written job descriptions prepared before advertising or interviewing applicants for the job;
        (iii) The amount of time spent on the job performing the function;
        (iv) The consequences of not requiring the incumbent to perform the function;
        (v) The terms of a collective bargaining agreement;
        (vi) The work experience of past incumbents in the job; and/or
        (vii) The current work experience of incumbents in similar jobs
      - "Citing References"
        
        Filter by "Supreme Court and 8th Circuit"
        
        CASES
        
        Minnihan v. Mediacom - Distinguishable
        
        Kammueller v. Loomis, Fargo & Co. The employer's judgment (essential functions), however, although highly probative, is merely evidence and is not conclusive.
        
        Benson v. Northwest Airlines
  - - - Search; Americans with Disabilities Act
        
        Chapter 2. Tiltle 1 - Employment
        
        § 2:7. --Essential Functions