Please enable JavaScript.

Coggle requires JavaScript to display documents.

Summary Judgment "Essential Functions" & ADA Research (ADA…

- - - - Law Reviews
        
        "essential function!" /s nurse AND workplace
        
        THE HEALTH CARE WORKFORCE: HOW TO UNDERSTAND ACCOMMODATIONS,9 St. Louis U. J. Health L. & Pol'y 57 (2015)
        
        E.E.O.C. v. LHC Group, Inc. 773 F.3d 688 (2014)
        
        a court may hear a variety of evidence, including “(1) the employer's judgment as to which functions are essential, (2) written job descriptions prepared before advertising or interviewing applicants for the job, (3) the amount of time spent on the job performing the function, and (4) the work experience of both past and current employees in the job.”
        
        THE DANGER OF THE “ESSENTIAL FUNCTIONS” REQUIREMENT OF THE ADA: WHY THE INTERACTIVE PROCESS SHOULD BE MANDATED 90 Denv. U. L. Rev. 715 2012
      - American Law Reports
        
        *"essential function!" AND workplace OR job
        
        What Constitutes Substantial Limitation on Major Life Activity of Lifting for Purposes of Americans with Disabilities Act (42 U.S.C.A. §§ 12101 to 12213) 23 A.L.R. Fed. 2d 197 (Originally published in 2007)
        
        Alexander v. The Northland Inn 321 F.3d 723 Summary judgment for D because P unable to fulfill only one of the essential functions of employment. Employers judgment of essential functions is highly probative :check:
        
        Barnes v. Northwest Iowa 238 F.Supp.2d 1053 Apart from offering her résumé in support of her summary judgment motion, Barnes did not come forward with any evidence that she could perform the essential functions of the job with or without reasonable accommodation and, thus, she is not entitled to summary judgment on the ground she has established this element of her prima facie case . :red_cross:
  - - - ADA & essential /3 function!
        
        29 C.F.R. § 1630.2 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.
        
        NOD 106 Essential Functions, Summary Judgment, in general
- - - - §2:7 Covered Persons- Essential Functions The essential functions of a particular job may depend on an evaluation of the following factors:
        
        Whether the existence of the position is for the purposes of performing the function;
        
        The degree of expertise or skill required to perform the particular function; and
        
        The number of other employees available to perform the function or assist in performing the function.
      - §2:8 Reasonable accommodations Reasonable accommodations may include:
        
        Acquiring or modifying equipment or devices;
        
        Job restructuring;
        
        Providing part-time or modified work schedules;
        
        Adjusting or modifying examinations, training materials or policies; and
        
        Providing readers and interpreters.
        If the employee is unable to perform the “essential functions” of his or her position—and there are no reasonable accommodations that would enable the employee to function in that position—a reasonable accommodation may include reassignment to another available position.
- - - - Kammueller v. Loomis 383 F.3d 779 “. The provision, and subsequent elimination, of Kammueller's accommodation after the reduction in force, at a minimum, creates a jury question as to whether the consequences of excusing Kammueller from certain job functions were sufficiently severe to consider those job functions essential. pg 787 :warning: Keynote: 78k1218(4)
        
        Moritz v. Frontier Airlines 147 F.3d 784 pg 787“(1) the employer's judgment as to which functions are essential; (2) written job descriptions prepared before advertising or interviewing applicants for the job; (3) the amount of time spent on the job performing the function; (4) the consequences of not requiring the incumbent to perform the function; and (5) the current work experience of incumbents in similar jobs. :star:
        
        Minnihan v. Mediacom Company 779 F.3d 803 Minnihan's allegation that the instances in which he was required to leave the office to complete his responsibilities were “rare” is of no consequence in our analysis, because it is the general experience and expectations of all individuals in the TOS position, not Minnihan's personal experience, which establishes the essential functions of the job pg. 812 :star:
        
        Summerville v. Trans World Airlines citing Moritz Does not matter if essential functions only performed minutes a week and with help of other workers pg. 859 #
      - Nesser v. Trans World Airlines 160 F.3d 442 Attendance and essential element. pg. 445. N/A to facts in our case :unamused:
      - Rehrs v. Iams Co 486 F.3d 353 Scheduling flexibility can be considered an essential function even though not "performed" :star::
        
        Kallail v. Alliant Energy Corporate Services Inc
        
        LAW REVIEW: HOW WILL THE NEW ADA AMENDMENTS AFFECT YOUR REASONABLE ACCOMMODATIONS? 27 No. 3 ACC Docket 62 pg. 72
  - - - E.E.O.C. v. Convergys Customer Management Group 491 F.3d 790 we believe that an extra 15 minutes is a reasonable accommodation. pg. 796 No test but not considered reasonable if it requires employer to eliminate essential function of the job pg. 796
        
        Buckles v. First Data Resource176 F.3d 1098 Undue financial and administrative burden on employer pg. 1101 :star: :green_cross:
        
        Dropinski v. Douglas County 298 F.3d 704 Difficult to describe with precision what employee will encounter on day to day basis pg. 709 Employer does not need to reassign existing workers to assist employee w/ essential duties pg. 709 :star: Keynote 78k1225
        
        Fjellestad v. Pizza Hut of America 188 F.3d 944 :warning:
      - Cravens v. BCBS of Kansas City 214 F.3d 1011 district court erred in granting summary judgment for BCBS, because “there is a genuine dispute as to whether the employer acted in good faith and engaged in the interactive process of seeking reasonable accommodations.” :warning:: Keynote 78k1225(2)
      - Benson v. Northwest Airlines Inc 62 F.3d 1108 once the plaintiff makes “a facial showing that reasonable accommodation is possible,” the burden of production shifts to the employer to show that it is unable to accommodate the employee. pg. 1112 :warning:
        
        Otto v. City of Victoria 685 F.3d 755