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Michelle Johnson - Research plan for Helen Blake - adverse employment…

- - - - 42 U.S.C.A. § 12111
        § 12111. Definitions
        
        From definitions:
        42 U.S.C.A. § 12111
        § 12111. Definitions.
        note from §2:7 that:
        The law requires that the disabled individual must be able to perform the “essential functions” of the job. The term “essential” was used so that individuals would not be deemed unqualified merely because they are unable to perform incidental or inconsequential tasks related to the position.
        AND
        ...Essential functions are the basic tasks that an employee must be able to perform, with or without reasonable accommodation.
    - - “Meaningful access” required by the Americans with Disabilities Act (ADA) means providing reasonable accommodations to disabled individuals in a program or benefit; “reasonable accommodations” are those that do not require either a modification of the essential nature of a program or impose an undue burden on the program provider. Galusha v. New York State Dept. of Environmental Conservation, N.D.N.Y.1998, 27 F.Supp.2d 117. Civil Rights Key Number 1020; Civil Rights Key Number 1021
      - A reasonable accommodation must also be made to enable a disabled individual to participate in the job application process, and to enjoy the benefits and privileges of employment equal to those available to other employees.
        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.
  - - - Benson v. Northwest Airlines, Inc.
        restructuring or transferring positions as a reasonable accommodation
        
        Benson involves a worker who was fired by NW after not being able to find another position in the 90 days given to him. Important info from case about determining what essential functions are
        Benson interpreted 29 CFR 1630.2 for determining the essential functions of a job are
        Trial court had granted summary judgement for airline, while Court of Appeals reversed and remanded for employee
      - Minnihan v. MediacomComm's Corp.
        
        Employee suffered from seizures that put him on driving restrictions - seizures kept happening and he was not able to start driving again. Other employees had to help him to accommodate the disability and they hd to work extra. found not to be a reasonable accommodation
        Employee had appealed judgement for employer's motion for summary judgement. Court of appeals affirmed that driving was an essential function and employee was not able to perform the essential functions
- - - - Chapter 2, Title I: Employment
        
        §2:7 Essential Functions
        
        §2:7
        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.
        
        If a complaint is brought and the EEOC investigates, a written job description which carefully describes the essential functions of the position, and which was prepared prior to advertising for the position, will weigh in the employer's favor.
        
        § 2:12. Accessibility
        
        42 U.S.C.A. § 12111
        § 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.
  - - - Within ALR and Labor and Employment, searched "discrimination & essential function! "americans with disabilities""
        
        173 A.L.R. Fed. 639
    - - CFR - Labor and Employment
        
        searched: disabl!
        
        29 C.F.R. Pt. 1630
        
        APPENDIX TO PART 1630—INTERPRETIVE GUIDANCE ON TITLE I OF THE AMERICANS WITH DISABILITIES ACTE
        Code of Federal RegulationsTitle 29. LaborEffective: July 18, 2016 (Approx. 62 pages)
    - - DISABILITY AND ACCOMMODATION IN THE HEALTHCARE WORKPLACE
        Robert R. Niccolini, Nina Basu Journal of Health & Life Sciences Law (Approx. 33 pages)
        
        Imxaportant info starting at section 102 , really good background on the history of the ADA, amendments, rehab act, etc
  - - - filtered by "cases" on left
        
        searched within cases for atleast5 "essential functions"
        
        Fjellestad v. Pizza Hut of America, Inc.
        United States Court of Appeals, Eighth Circuit. August 25, 1999 188 F.3d 944 1999 WL 642958
        
        Case about a manager at pizza hut that was injured and was substantially limited in her activity. Plaintiff suggested two reasonable accommodations that were rejected by employer and then DC.
        
        2 more items...
        
        Benson v. Northwest Airlines, Inc. v United States
        62 F.3d 1108
        United States Court of Appeals,
        Eighth Circuit.
        
        Benson involves a worker who was fired by NW after not being able to find another position in the 90 days given to him. Important info from case about determining what essential functions are:
        Although Benson retains the ultimate burden of persuading the trier of fact that he can perform the essential functions of the job, with or without accommodation, 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), (vii) (1994).
        
        sorted list of cases by date, found Kowitz v Trininty Health
        
        added /p factor! to search within cases
        
        Moritz v. Frontier Airlines, Inc.
        147 F.3d 784
        United States Court of Appeals,
        Eighth Circuit.
        
        2 more items...
        
        Meier v. Family Dollar Services, Inc.
        cites to both Benson and Moritz
        
        Alexander v. Northland Inn
        might be a good case to use