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Blake v. MMC, Summary Judgement Motion (Can Blake perform the essential…

- - - - "Employment qualifications, requirements or tests" k1218(4)
        
        search within results "function and essential", limit results to eighth circuit and S.C only
        
        Dropinski v. Douglas County Nebraska, Evidence establishing essential functions of a job, which an employee must be able to perform to be a “qualified individual” under the ADA, may include: (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. Americans with Disabilities Act of 1990
        
        Scruggs v. Pulaski County, Ark, Essential functions” of a position, in context of determining whether a plaintiff is a qualified individual entitled to bring ADA discrimination claims, are those considered fundamental to the position the disabled person desires; a job function may be essential if the reason the position exists is to perform that function, or if a limited number of employees are available among whom the performance of the job function can be distributed.
        
        Kowitz v. Trinity Health, "In determining whether an employee is a qualified individual under the ADA, essential functions are the fundamental duties of the job, but not its marginal functions; in determining whether a job function is essential, courts consider several factors, including what functions the employer thinks are essential, written job descriptions, how much time an employee spends on the job performing the function, the consequences of not having the employee perform the function, and whether other current employees in similar jobs perform the function."
        
        Minnihan v. Mediacom Communicaitons Corp.To determine whether a job function is essential in Americans with Disabilities Amendment Act (ADAAA) action, court considers factors from the Americans with Disabilities Act (ADA) implementing regulations, 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, (4) the consequences of not requiring the incumbent to perform the function, and (5) the current work experience of incumbents in similar jobs.
      - Treatises and Practice Aids
        
        Employment Discrimination Coordinator
        March 2017 Update
        Analysis of Federal Law
        Part I. Types of Discrimination: Race, Religion, Sex, National Origin, Age, Disability
        Chapter 6. Discrimination against Individuals with Disabilities
        VI. Qualified Individuals with Disabilities
        § 6:55. Determining the essential functions of the position
        An essential function is one that bears more than a marginal relationship to the job at issue; it is a fundamental job duty that can extend beyond an employee's technical skills and experience
        
        The essential-function inquiry is a factual question, not a question of law.4.70 The distinction between fundamental and marginal is made on a case-by-case basis and is a factual question for the jury
  - - - 29 C.F.R. § 1630.2
        § 1630.2 Definitions.
        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.
- - - - "what are reasonable accommodations, factors considered" k1225(2)
        
        Narrow to S.C and Eight Circuit decisions
        
        Knutson v. Schwan's home service , An accommodation is unreasonable under Americans with Disabilities Act (ADA) if it requires the employer to eliminate an essential function of the job
        
        Kallali v. Alliant Energy Corporate Services
        
        E.E.O.C v. Convergys Customer Management Group , there is no precise test for what constitutes a reasonable accommodation, but an accommodation is unreasonable if it eliminates an essential function of the job
        
        Allen v. Interior Const services, accommodation is reasonable only if it is related to the accommodated persons disability
        
        Otto v. City of Victoria, The ADA does not require an employer to create a new position or to eliminate or reallocate essential job functions in accommodating an employee with a disability.
        
        Canny v. Dr. Pepper, Although the ADA does not require an employer to reallocate the essential functions of a job, restructuring marginal job functions is a reasonable accommodation
        
        Search within results 'unreasonable accommodation' narrow to S. C and Eighth Circuit Decisions
        
        Ballard v. Rubin
        An employer commits discrimination in violation of the ADA or the Rehabilitation Act if the employer does not make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer.
        
        Buckles v. First Data Resources, Inc.
        There is no precise test for what constitutes a reasonable accommodation under the ADA, but an accommodation is unreasonable if it either imposes undue financial or administrative burdens, or requires a fundamental alteration in the nature of the program.
        
        Wood v. Omaha School Dist.
        In determining what kinds of accommodations are reasonable with respect to qualified individual with disability, courts are permitted to take into account reasonableness of cost of any necessary workplace accommodation, availability of alternatives therefor, or other appropriate relief in order to achieve equitable and appropriate remedy; an unreasonable accommodation is one which would impose undue hardship on operation of program in question
    - - ctr f "reasonable accommodation"
        
        Employment Discrimination Coordinator
        March 2017 Update
        Analysis of Federal Law
        Part I. Types of Discrimination: Race, Religion, Sex, National Origin, Age, Disability
        Chapter 6. Discrimination against Individuals with Disabilities
        VII. Reasonable Accommodation
        § 6:66. What "reasonable accommodation" means
        .
        Under the Americans with Disabilities Act (ADA) regulations, "reasonable accommodation" means modifications or adjustments:
        (1) to a job application or testing process that enable a qualified applicant with a disability to be considered for the position sought;
        (2) to the work environment or the manner or circumstances in which the job held or sought is customarily performed that enable a person with a disability to perform the essential functions of the job; or
        (3) that enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities
        
        Americans with Disabilities: Practice and Compliance Manual
        February 2017 Update
        Chapter 7. Employment Provisions under the Americans with Disabilities Act
        II. Key Terms
        D. Qualified Individual with a Disability
        
        In General
        § 7:103. Ability to perform essential functions of job
        
        In making this determination, the courts employ a two-part analysis, determining: (1) whether the employee could perform the essential functions of the job; and (2) if not, whether any reasonable accommodation by the employer would enable the employee to perform those functions
  - - - Boolean 'ADA and accommodation! and unreasonable'
        
        Garcia-Ayala v. Lederle Parenterals, Inc.,
        
        “Undue hardships” rendering accommodations unreasonable under the ADA are not limited to financial impacts; the term includes accommodations that are unduly extensive, substantially disruptive, or that would fundamentally alter the nature or operation of the business
        
        DONT GO DOWN UNDUE BURDEN ROAD
        
        K1020, accommodations in general... dead end