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Research Memo (What are "essential functions"? (Westlaw…

- - - - USCA
        
        United States Code Annotated Popular Name Table
        
        ADA (Americans with Disabilities Act of 1990)
        
        "Findings and Purpose" section
        
        clicked link for "Chapter 126. Equal Opportunity for Individuals with Disabilities"
        
        Boolean search for "essential function"
        
        2 more items...
    - - Boolean search for "American disabilities act essential function"
        
        Benson v. Northwest Airlines, Inc.
        
        Found near headnotes 6 and 7, that “much of the information which determines those essential functions lies uniquely with the employer. For example, the ADA and its implementing regulations direct us to consider, among other things, the following: “the employer’s judgment as to what functions of a job are essential,” 42 U.S.C. § 12111(8); job descriptions prepared before advertising or interviewing applicants, id.; “[t]he consequences of not requiring the employee to perform the function,” 29 C.F.R. § 1630.2(n)(3)(iv) (1994); and the work experience of current and former employees. 29 C.F.R. §1630.2(n)(3)(vi), (viii) (1994).
- - - - United States Code Annotated (USCA)
        
        United States Code Annotated Popular Name Table
        
        ADA (Americans with Disabilities Act of 1990)
        
        Went into the "Findings and Purpose" section
        
        Clicked link for "Chapter 126. Equal Opportunity for Individuals with Disabilities
        
        Boolean search for "reasonable accommodation"
        
        1 more item...
    - - a. ADA plaintiff has burden of proof on the issue of whether she could perform the essential functions of her position with a reasonable accommodation.
        b. Found that employers are entitled to rely and act upon written advice from an employer’s physician.
    - - Filtered results by Key Numbers
        
        Selected 78 1225(2) Accommodations > What are reasonable accommodations; factors considered
        
        Filtered these results to 8th Circuit
        
        Knutson v. Schwan's Home Service, Inc.**
        
        a. Read headnotes and found Headnote 6, which reads “an accommodation is unreasonable under Americans with Disabilities Act (ADA) if it requires the employer to eliminate an essential function of the job.”
        b. Checked negative treatment for case, headnote 6 is not in question.
        c. This case also referenced Alexander.
        i. (Holding the requested accommodation unreasonable “because it would have required [the employer] to assign [the employee’s] vacuuming responsibilities to other employees).
        
        9 cases cite to headnote 6. Clicked it, found Minnihan v. Mediacom Communications Corp.
        a. Chose this case because had the most in depth analysis.
        b. Searched the case for the word “unreasonable” and found Knutson restated, near headnote 30.
        c. Read the facts of the case and realized this would be a great case to use.
        i. It doesn’t have any negative treatment and comes out in favor of the employer.
    - - Headnote 4: “Airline was under no obligation to reallocate essential functions of station agent position to accommodate employee’s disability.”
        a. Followed headnote to section in case, found that “It is well settled that an employer is under no obligation to reallocate the essential functions of a position that a qualified individual must perform.”