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Blake v. Memorial Medical Center (Researching the 2nd issue: Can Blake…
Blake v. Memorial Medical Center
Issue 1- What are the essential functions of a job
Search for the ADA on Westlaw
Click on Table of Contents for 42 USC §12101
Read Subchapter 1 "Employment"
Now read through §12111 "Definitions"
Go to the Notes of Decisions
I chose a case titled Kowitz v. Trinity Health from the 8th Circuit due to factual similarities (employee and hospital employer)
While this case itself isn't overly helpful to my side, it defines "essential functions" and the factors a court considers in determining whether a function is essential
Key number titled "Employment qualifications, requirements, or tests" looks important. I use this to find relevant cases
Reviewing search results, the case Moritz v. Frontier Airlines looks promising. Here, the 8th Circuit defines essential functions straight from the CFR.
1 more item...
Researching the 2nd issue: Can Blake perform the essential functions of the position with reasonable accommodations
First, I want to get a definition of "reasonable accommodations" under the ADA
After finding definition of "reasonable accommodations under the ADA, I go to the Notes of Decisions
The Notes of Decisions has a large number of cases under "reasonable accommodations." I look for one's decided within the 8th Circuit and by SCOTUS
Benson v. Northwest Airlines comes up again. Case is on point for the reasonable accommodations issue
I use the KeyCite feature to ensure the case is still good law, which it is
From here, I click the KeyNote for "reasonable accommodations." This leads me to a new list of relevant cases for this issue
I also chose Kammueller v. Loomis, Fargo & Co.
Case is on point regarding both issues. Although it applies better to the first issue
Also leads me to Cravens v. Blue Cross Blue Shield
Another good case for both issues, although I like it more for this issue
I also find Fjellstad v. Pizza Hut, which has great analysis on reasonable accommodation issue but also touches on many issues outside the scope of our assignment
After doing the above steps, I try a boolean search. essential function /p reasonable accommodation!
I again find Alexander v. Northland Inn. This time I got to citing references and look at cases that I have cited to this
I click on Scruggs v. Pulaski County, AK which has express definition of essential function
Recommendations tab on right side of screen suggests key numbers
I chose reasonable accommodations key numbers 78k1225(2)
this leads to a whole host of cases, which I limit by jurisdiction
I chose Scruggs v. Pulaski County because it was decided recently
I also like Burchet v. Target Corp
This case isn't directly on point, but could be used to stretch an argument that a reassignment is similar to a promotion
I go to federal material, then regulations
I search the CFR by index, choosing Labor/Employment
Ch 29 is the relevant section for my purposes. I then go the section discussing the ADA §1630
Good definitions on reasonable accommodation and essential functions
I go to the Notes of Decisions and look under both reasonable accommodations and essential functions for 8th Circuit cases
I find multiple cases the pique my interest, including Stafine v. Unicare Homes
This case has a very similar fact pattern to ours (nurse employee and hospital employer)