12 Cited authorities

Bragdon v. Abbott
524 U.S. 624 (1998) Cited 1,645 times 5 Legal Analyses
Holding that DOJ's administrative guidance on ADA compliance is entitled to deference
Rogers v. International Marine Terminals, Inc.
87 F.3d 755 (5th Cir. 1996) Cited 369 times
Holding that the plaintiff was "not a ‘qualified individual with a disability’ under the ADA" because he could not attend work while recuperating from an ankle surgery
Turco v. Hoechst Celanese Corp.
101 F.3d 1090 (5th Cir. 1997) Cited 253 times
Holding that courts may consider materials in the record not cited by the parties
Den Hartog v. Wasatch Academy
129 F.3d 1076 (10th Cir. 1997) Cited 246 times 2 Legal Analyses
Holding that where the record contained testimony that plaintiff did not pose a direct threat, defendants were not entitled to summary judgment on the ground that plaintiff posed such a threat
Delaval v. Ptech Drilling Tubulars, LLC
824 F.3d 476 (5th Cir. 2016) Cited 143 times 1 Legal Analyses
Finding that employee who failed to follow up with medical documentation fatally hindered the interactive process
Jarvis v. Potter
500 F.3d 1113 (10th Cir. 2007) Cited 112 times 1 Legal Analyses
Holding that "one who cannot perform the essential functions of the job, even with a reasonable accommodation, is not an 'otherwise qualified' individual" under the ADAAA
Atkins v. Salazar
677 F.3d 667 (5th Cir. 2011) Cited 93 times
Affirming district court's grant of summary judgment sua sponte without formal notice to the litigants because the party against whom summary judgment was granted "was aware [the legal issue] was at play and had a full opportunity to argue against it and present whatever evidence he had"
Michael v. City of Troy Police Dep't
808 F.3d 304 (6th Cir. 2015) Cited 40 times
In Michael v. City of Troy, 808 F.3d 304 (6th Cir. 2015), the plaintiff was disqualified from his police officer position because of psychological issues.
Equal Emp't Opportunity Comm'n v. Beverage Distribs. Co.
780 F.3d 1018 (10th Cir. 2015) Cited 16 times 1 Legal Analyses
Declining to address sufficiency of mitigation evidence when remanding because of erroneous jury instruction, observing, "The sufficiency of the evidence entails a fact-intensive inquiry, and the mitigation evidence may be different on remand."
E.E.O.C. v. Exxon Corp.
203 F.3d 871 (5th Cir. 2000) Cited 30 times
Holding that the direct threat test is applied when an employer uses a general safety-based qualification standard applicable across-the-board."
Section 12113 - Defenses
42 U.S.C. § 12113 Cited 403 times 16 Legal Analyses
Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"
Section 1630.15 - Defenses
29 C.F.R. § 1630.15 Cited 247 times 8 Legal Analyses
Explaining that it is a defense to liability under the ADA "that another [f]ederal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this part"

Pisani v. Conrad Industries Inc

12 Cited authorities

Holding that DOJ's administrative guidance on ADA compliance is entitled to deference

Holding that the plaintiff was "not a ‘qualified individual with a disability’ under the ADA" because he could not attend work while recuperating from an ankle surgery

Holding that courts may consider materials in the record not cited by the parties

Holding that where the record contained testimony that plaintiff did not pose a direct threat, defendants were not entitled to summary judgment on the ground that plaintiff posed such a threat

Finding that employee who failed to follow up with medical documentation fatally hindered the interactive process

Holding that "one who cannot perform the essential functions of the job, even with a reasonable accommodation, is not an 'otherwise qualified' individual" under the ADAAA

Affirming district court's grant of summary judgment sua sponte without formal notice to the litigants because the party against whom summary judgment was granted "was aware [the legal issue] was at play and had a full opportunity to argue against it and present whatever evidence he had"

In Michael v. City of Troy, 808 F.3d 304 (6th Cir. 2015), the plaintiff was disqualified from his police officer position because of psychological issues.

Declining to address sufficiency of mitigation evidence when remanding because of erroneous jury instruction, observing, "The sufficiency of the evidence entails a fact-intensive inquiry, and the mitigation evidence may be different on remand."

Holding that the direct threat test is applied when an employer uses a general safety-based qualification standard applicable across-the-board."

Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"

Explaining that it is a defense to liability under the ADA "that another [f]ederal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this part"