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Opinion
117 F.3d 800 · Court of Appeals for the Fifth Circuit · May 22, 1997
Full text
Foreman v. Babcock & Wilcox Co
N.D. Texas · Jan 28, 2025
S.D. Texas · Dec 12, 2024
W.D. Texas · Aug 26, 2024
N.D. Texas · Jun 26, 2024
S.D. Texas · Mar 22, 2024
Parentheticals
holding that the plaintiff must show that a requested position is or was available which the plaintiff could perform
holding that ADA does not require employer to take action inconsistent with contractual rights of other workers under collective bargaining agreement
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."
holding employer has no obligation to accommodate disabled Plaintiff by reassigning him to a new position
"Following the other circuits which have considered this issue, we hold that the ADA does not require an employer to take action inconsistent with the contractual rights of other workers under a collective bargaining agreement."
“the question is whether Foreman was treated by [defendants] as having an impairment that substantially limits a major life activity”
“[T]he ADA does not require an employer to take action inconsistent with the contractual rights of other workers under a collective bargaining agreement.”
“For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.”
"For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant."
“For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.”
“[T]he ADA does not require an employer to take action inconsistent with the- contractual rights of other workers under a collective bargaining agreement.”
"[E]ven if Foreman was disabled and qualified under the ADA, his requested accommodations are not reasonable." (emphasis added)
