Foreman v. Babcock & Wilcox Co
Foreman v. Babcock & Wilcox Co, 117 F.3d 800 (5th Cir. 1997)
Opinion
113 F.3d 1402w 6 A.D. Cases 1523 , 10 NDLR P 49
Earl FOREMAN, Plaintiff-Appellant, v. The BABCOCK & WILCOX COMPANY, et al., Defendants, The Babcock & Wilcox Company, Defendant-Appellee.
No. 96-60510.
United States Court of Appeals, Fifth Circuit.
May 22, 1997.
NOTE: THE COURT HAS WITHDRAWN THIS OPINION
How later courts describe this case
Explanatory parentheticals written by citing courts — 33 in all; the most informative distinct ones are shown.
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(holding that the plaintiff must show that a requested position is or was available which the plaintiff could perform)
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(holding that ADA does not require employer to take action inconsistent with contractual rights of other workers under collective bargaining agreement)
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(holding that judgment as a matter of law in favor of employer was proper because the employer "would not be obligated to accommodate [the employee] by reassigning him [or her] to a new position.")
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(holding employer has no obligation to accommodate disabled Plaintiff by reassigning him to a new position)
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(“the question is whether Foreman was treated by [defendants] as having an impairment that substantially limits a major life activity”)
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(“For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.”)
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("[E]ven if Foreman was disabled and qualified under the ADA, his requested accommodations are not reasonable." (emphasis added))
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(“Under the ADA, an employer is not required to give what it does not have.”)
Cited by 147 cases
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