Legal Opinion
Duvall v. Georgia-Pacific Consumer Products, L.P.
Court of Appeals for the Tenth Circuit
Decided June 9, 2010No. 08-7096PublishedCited by 38 opinions
1Opinion of the Court
EBEL, Circuit Judge.
In this appeal, we are asked to decide when a position is “vacant” for the purposes of the Americans with Disabilities Act (“ADA”), such that a disabled employee may request reassignment to that position as a reasonable accommodation. Plaintiff-Appellant Travis Duvall, who suffers from cystic fybrosis, worked in the shipping department of a paper mill owned by Georgia Pacific (“GP”). When GP decided to begin outsourcing the running of its shipping department, Duvall transferred to another department but found that the paper dust in the air made it impossible for him to…
2Cases cited13 opinions
- US Airways, Inc. v. BarnettSupreme Court of the United States · 2002
- McBride v. BIC Consumer Products Manufacturing Co.Court of Appeals for the Second Circuit · 2009
- Smith v. Midland Brake, Inc.Court of Appeals for the Tenth Circuit · 1999
- James Dalton v. Subaru-Isuzu Automotive, Inc.Court of Appeals for the Seventh Circuit · 1998
- Phelps v. Optima Health, Inc.Court of Appeals for the First Circuit · 2001
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Equal Employment Opportunity Commission v. C.R. England, Inc.Court of Appeals for the Tenth Circuit · 2011
- Helm v. KansasCourt of Appeals for the Tenth Circuit · 2011
- Conroy v. VilsackCourt of Appeals for the Tenth Circuit · 2013
- Koessel v. Sublette County Sheriff's DepartmentCourt of Appeals for the Tenth Circuit · 2013
- Aubrey v. KoppesCourt of Appeals for the Tenth Circuit · 2020
33 more not listed; retrieve them via the Exa API.