Legal Opinion
Smith v. Midland Brake, Inc.
Court of Appeals for the Tenth Circuit
Decided June 14, 1999No. 96-3018PublishedCited by 343 opinions
1Opinion of the Court
OPINION ON REHEARING EN BANC
EBEL, Circuit Judge.
In this en banc appeal, we are required to answer two questions concerning the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213.1 First, whether an employee can be a “qualified individual with a disability” when that employee is unable to perform the essential functions of his or her present job, regardless of the level of accommodation offered, but could perform the essential functions of other available jobs within the company with or without a reasonable accommodation. The answer to that question, we find, is yes. Second, if a…
2Cases cited69 opinions
- McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
- Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
- Bragdon v. AbbottSupreme Court of the United States · 1998
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3Cited by343 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
- Lincoln v. BNSF Railway CompanyCourt of Appeals for the Tenth Circuit · 2018
- Graves v. Finch Pruyn & Co.Court of Appeals for the Second Circuit · 2006
- Wilkerson v. ShinsekiCourt of Appeals for the Tenth Circuit · 2010
338 more not listed; retrieve them via the Exa API.