Equal Employment Opportunity Commission v. Exxon Corp.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PATRICK E. HIGGINBOTHAM,
Circuit Judge:
In this appeal under the Americans with Disabilities Act (“ADA”), we review the measure of a safety-based qualification standard defended as a business necessity. The EEOC moved for partial summary judgment arguing that the only defense available under the ADA when an employer imposes a safety qualification standard is for the employer to prove that the individual poses a “direct threat.” 'The district court granted the motion. We are not persuaded by the position of the EEOC and accepted by the district court. Rather, we find that applying direct threat…
2Cases cited7 opinions
- School Bd. of Nassau Cty. v. ArlineSupreme Court of the United States · 1987
- Albertson's, Inc. v. KirkingburgSupreme Court of the United States · 1999
- International Union, United Automobile, Aerospace & Agricultural Implement v. Johnson Controls, Inc.Supreme Court of the United States · 1991
- Jerry O. Smith v. City of Des Moines, IowaCourt of Appeals for the Eighth Circuit · 1997
- 34 Fair empl.prac.cas. 1192, 34 Empl. Prac. Dec. P 34,341 Lynn T. Levin, and Equal Employment Opportunity Commission v. Delta Air Lines, Inc.Court of Appeals for the Fifth Circuit · 1984
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- Bender v. Norfolk Southern Corp.District Court, M.D. Pennsylvania · 2014
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