A plaintiff seeking relief under the ADA must demonstrate the ability to perform essential job functions with or without reasonable accommodation.
An employee sued his employer for wrongful termination under the Americans with Disabilities Act after being discharged due to medical restrictions and extended absence. The plaintiff alleged he could perform his essential job functions with reasonable accommodation. The court considers whether the plaintiff is a qualified individual with a disability. To qualify for relief, a plaintiff must demonstrate he is a disabled person, that he is qualified to perform the essential functions of the job with or without reasonable accommodation, and that the termination was caused by the disability. Because the plaintiff offered only conclusory allegations and no specific evidence of possible accommodations, the court grants summary judgment for the employer.
At page 360 Determining qualified individual with disability under ADA428 citing cases“the very purpose of a summary judgment action is to determine whether trial is necessary.”
- Blake v. Lea Cnty. Corr. Facility, No. 1:17-cv-00807 (D.N.M. Dec. 16, 2022).(In the face of a properly supported motion for summary judgment, the nonmoving party may not rely upon unsupported allegations without any significant probative evidence tending to support the complaint.)
- Harrison, No. 1:21-cv-00304 (D. Colo. Aug. 20, 2026).“The very purpose of a summary judgment action is to determine whether trial is necessary.” White v. York Int'l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Hill, No. 1:24-cv-00201 (D. Utah Aug. 10, 2026).Colo. 2009) (citing White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995)). 92 Dkt. 43. 93 Dkt. 42. 94 Dkt. 36.
- Boulter, No. 1:24-cv-00710 (D. Colo. Jan. 30, 2026).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Schmitt, No. 1:24-cv-01900 (D. Colo. Jan. 7, 2026).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Sorensen, No. 1:22-cv-02322 (D. Colo. Nov. 21, 2025).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Carlson, No. 1:23-cv-02402 (D. Colo. Nov. 7, 2025).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Ramsey v. State Farm Fire & Cas. Co., No. 1:24-cv-00902 (D. Colo. Sept. 30, 2025).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Willow Creek Companies LLC v. Zurich Am. Ins. Co., No. 1:24-cv-01568 (D. Colo. Sept. 29, 2025).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Second Green Mountain Townhouse Corp. v. Mesa Underwriters Specialty Ins. Co., No. 1:23-cv-00727 (D. Colo. Sept. 27, 2025).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
Show 189 more citing cases
- Meyer v. Ten Mile Island Condo. Ass'n, No. 1:22-cv-02042 (D. Colo. Sept. 24, 2025).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Forrest v. Zeeco, Inc., No. 4:22-cv-00427 (N.D. Okla. Sept. 23, 2025).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Vincent v. Certain Underwriters at Lloyd's, London, No. 1:23-cv-00096 (D. Colo. Jan. 31, 2025).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Grays v. BlackHawk Aquisition, LLC, No. 1:20-cv-00451 (D. Colo. June 26, 2024).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Spinelli v. Coherus Biosciences, Inc., No. 1:23-cv-00361 (D.N.M. Apr. 26, 2024). Corp., 45 F.3d 357, 360-61 (10th Cir. 1995).
- Mayer Botz Enter. LLC v. Cent. Mut. Ins. Co., No. 1:21-cv-00992 (D.N.M. Mar. 8, 2024).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Alfonso v. Cmty. Bridges Inc., No. 2:21-cv-01305 (D. Ariz. Aug. 2, 2023).Case 2:21-cv-01305-DWL Document 59 Filed 08/02/23 Page 19 of 41 1 More specifically, “to prevail on an employment termination claim under the ADA, 2 a plaintiff must establish: (1) that he is a disabled person within the meaning of the ADA…
- Pettaway v. Hudson, No. 5:22-cv-03022 (D. Kan. Mar. 8, 2023).“The very purpose of a summary judgment action is to determine whether trial is necessary.” White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Walter v. Smith, No. 6:21-cv-01073 (D. Kan. Dec. 13, 2022).“The very purpose of a summary judgment action is to determine whether trial is necessary.” White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Reg'l Local Union Nos. 846 & 847 v. Mile High Rodbusters, Inc., No. 1:20-cv-00673 (D. Colo. July 12, 2022).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Young v. Colorado Jud. Dep't, 18th Jud. Dist. Prob. Dep't, No. 1:20-cv-01687 (D. Colo. June 15, 2022).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Rodulfo v. Fresenius Med. Care, No. 1:20-cv-00735 (D.N.M. Mar. 17, 2022).(explaining requirements of ADA)
- Ratliff v. AT&T Servs., Inc., No. 2:20-cv-02483 (D. Kan. Feb. 25, 2022).Corp., 45 F.3d 357, 360 (10th Cir. 1995) (quoting Anderson, 477 U.S. at 249 (quoting in turn First Nat'l Bank of Ariz. v. Cities Serv.
- Broach v. Colorado Dep't of Corr., No. 1:17-cv-02791 (D. Colo. Sept. 24, 2021).Corp., 45 F.3d 357, 360 (10th Cir. 1995). 3 Nothing in the record suggests that Dr. Yegappan had any involvement in approving or scheduling the subsequent surgeries.
- GSL Grp., Inc. v. Travelers Indem. Co., The, No. 1:18-cv-00746, 2021 WL 4245372 (D. Colo. Sept. 16, 2021).Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Culp v. Remington of Montrose, LLC, No. 1:18-cv-02213 (D. Colo. Aug. 19, 2021).Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Robinson v. Stumph, No. 1:18-cv-01851 (D. Colo. Aug. 19, 2021).Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Shaw v. T-Mobile, No. 2:18-cv-02513 (D. Kan. June 1, 2021).“The very purpose of a summary judgment action is to determine whether trial is necessary.” White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Williams v. Am. Fam. Mut. Ins. Co., S.I., No. 1:19-cv-02694, 2021 WL 1192947 (D. Colo. Mar. 30, 2021).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Ingram v. Clements, No. 1:14-cv-01024 (D. Colo. Mar. 30, 2021).White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Dougherty v. Tenorio, No. 1:17-cv-01829 (D. Colo. Mar. 19, 2021).Corp., 45 F.3d 357, 360 (10th Cir. 1995).
- Hall v. Claussen, 6 F. App'x 655 (10th Cir. 2001).unpublished
- Boykin v. ATC/VanCom of Colorado, L.P., 247 F.3d 1061 (10th Cir. 2001).published
- Smith v. Diffee Ford-Lincoln-Mercury, Inc., 298 F.3d 955 (10th Cir. 2002).published
- Smith v. Roche, 53 F. App'x 888 (10th Cir. 2002).unpublished
- Lara v. State Farm Fire & Cas. Co., 121 F. App'x 796 (10th Cir. 2005).unpublished
- Burns v. Snow, 130 F. App'x 973 (10th Cir. 2005).unpublished
- Berry v. T-Mobile USA, Inc., 490 F.3d 1211 (10th Cir. 2007).published
- Baker v. via Christi Reg'l Med. Ctr., 267 F. App'x 755 (10th Cir. 2008).unpublished
- Latham v. Bd. of Educ. Albuquerque, 489 F. App'x 239 (10th Cir. 2012).unpublished
- Mason v. Orthodontic Centers of Colorado, Inc., 516 F. Supp. 2d 1205 (D. Colo. 2007).published
- High Street Lofts Condo. Ass'n v. Am. Fam. Mut. Ins., 821 F. Supp. 2d 1235 (D. Colo. 2011).published
- Sec. & Exch. Comm'n v. Woodruff, 778 F. Supp. 2d 1073 (D. Colo. 2011).published
- Nadaf-Rahrov v. the Neiman Marcus Grp., Inc., 166 Cal. App. 4th 952 (Cal. Ct. App. 2008).published
- Reed v. Nellcor Puritan Bennett, 244 F. Supp. 2d 1205 (D. Kan. 2003).published
- Gansert v. Colorado, 348 F. Supp. 2d 1215 (D. Colo. 2004).published
- Free Motion Fitness, Inc. v. Cybex Int'l, Inc., 311 F. Supp. 2d 1297 (D. Utah 2003).published
- East West Resort Transp., LLC v. Binz, 494 F. Supp. 2d 1197 (D. Colo. 2007).published
- Werden v. Allstate Ins. Co., 667 F. Supp. 2d 1238 (D. Colo. 2009).published
- Smith v. Metro. Life Ins., 344 F. Supp. 2d 696 (D. Colo. 2004).published
- Colorado Cross-Disability Coalition v. Too (Delaware), Inc., 344 F. Supp. 2d 707 (D. Colo. 2004).published
- Wheeler v. Baldor Elec. Co., 386 F. Supp. 2d 1033 (W.D. Ark. 2005).published
- Dudnikov v. MGA Ent., Inc., 410 F. Supp. 2d 1010 (D. Colo. 2005).published
- Rudd v. Burlington Coat Factory Warehouse of Colorado, Inc., 388 F. Supp. 2d 1201 (D. Colo. 2005).published
- Williams v. Prison Health Servs., Inc., 159 F. Supp. 2d 1301 (D. Kan. 2001).published
- Belgasem v. Water Pik Tech., Inc., 457 F. Supp. 2d 1205 (D. Colo. 2006).published
- Rolland v. Primesource Staffing, LLC, 457 F. Supp. 2d 1221 (D. Colo. 2006).published
- Ward v. Wal-Mart Stores, Inc., 140 F. Supp. 2d 1220 (D.N.M. 2001).published
- US Fax Law Ctr., Inc. v. iHire, Inc., 374 F. Supp. 2d 924 (D. Colo. 2005).published
- Lust v. State Farm Mut. Auto. Ins., 412 F. Supp. 2d 1185 (D. Colo. 2006).published
- Neiberger v. Hawkins, 239 F. Supp. 2d 1140 (D. Colo. 2002).published
- Loughridge v. Goodyear Tire & Rubber Co., 192 F. Supp. 2d 1175 (D. Colo. 2002).published
- Barton v. City & Cnty. of Denver, 432 F. Supp. 2d 1178 (D. Colo. 2006).published
- Clark-Wine v. City of Colorado Springs, 556 F. Supp. 2d 1238 (D. Colo. 2008).published
- Sender v. Mann, 423 F. Supp. 2d 1155 (D. Colo. 2006).published
- Johnson v. Liberty Mut. Fire Ins., 653 F. Supp. 2d 1133 (D. Colo. 2009).published
- United States v. Power Eng'g Co., 125 F. Supp. 2d 1050 (D. Colo. 2000).published
- Jackson v. Lockie Corp., 108 F. Supp. 2d 1164 (D. Colo. 2000).published
- Simpson v. Univ. of Colorado, 372 F. Supp. 2d 1229 (D. Colo. 2005).published
- Osborn v. Qwest Corp., 398 F. Supp. 2d 1161 (D. Colo. 2005).published
- Sec. & Exch. Comm'n v. Nacchio, 704 F. Supp. 2d 1099 (D. Colo. 2010).published
- Perez v. United Air Lines, Inc., 362 F. Supp. 2d 1230 (D. Colo. 2005).published
- Williams v. City of Tulsa, Ok, 393 F. Supp. 2d 1124 (N.D. Okla. 2005).published
- White v. Schafer, 738 F. Supp. 2d 1121 (D. Colo. 2010).published
- White v. Denver Seminary, 157 F. Supp. 2d 1171 (D. Colo. 2001).published
- United States v. Novotny, 184 F. Supp. 2d 1071 (D. Colo. 2001).published
- Johnstown Feed & Seed, Inc. v. Cont'l W. Ins. Co., 641 F. Supp. 2d 1167 (D. Colo. 2009).published
- Buckles Mgmt., LLC v. Investordigs, LLC, 728 F. Supp. 2d 1145 (D. Colo. 2010).published
- Bradshaw v. Lappin, 738 F. Supp. 2d 1143 (D. Colo. 2010).published
- Felix v. City & Cnty. of Denver, 729 F. Supp. 2d 1243 (D. Colo. 2010).published
- SAYED v. Profitt, 743 F. Supp. 2d 1217 (D. Colo. 2010).published
- Sala v. United States, 552 F. Supp. 2d 1157 (D. Colo. 2007).published
- Qwest Broadband Servs., Inc. v. City of Boulder, 151 F. Supp. 2d 1236 (D. Colo. 2001).published
- Tone v. Reg'l Transp. Dist. (RTD), 447 F. Supp. 2d 1187 (D. Colo. 2006).published
- Laser Tech., Inc. v. Nikon, Inc., 215 F. Supp. 2d 1135 (D. Colo. 2002).published
- Nutting v. RAM Sw., Inc., 106 F. Supp. 2d 1121 (D. Colo. 2000).published
- Fairfield Dev., Inc. v. J.D.I. Contractor & Supply, Inc., 703 F. Supp. 2d 1211 (D. Colo. 2010).published
- Sierra Club v. El Paso Gold Mines, Inc., 198 F. Supp. 2d 1265 (D. Colo. 2002).published
- Barcikowski v. Sun Microsystems, Inc., 420 F. Supp. 2d 1163 (D. Colo. 2006).published
- TAF, LLC v. Hartford Fire Ins., 549 F. Supp. 2d 1282 (D. Colo. 2008).published
- Brown v. Unified Sch. Dist. No. 500, Kansas City, 368 F. Supp. 2d 1250 (D. Kan. 2005).published
- Est. of Rossiter Ex Rel. Rossiter v. Robinson, 716 F. Supp. 2d 1018 (D. Colo. 2010).published
- Munoz v. W. Resources, Inc., 225 F. Supp. 2d 1265 (D. Kan. 2002).published
- Rathbun v. Qwest Commc'ns Int'l, Inc., 458 F. Supp. 2d 1238 (D. Colo. 2006).published
- Villescas v. Richardson, 124 F. Supp. 2d 647 (D. Colo. 2000).published
- Southway v. Cent. Bank of Nigeria, 149 F. Supp. 2d 1268 (D. Colo. 2001).published
- Halprin v. Equitable Life Assurance Soc'y of the United States, 267 F. Supp. 2d 1030 (D. Colo. 2003).published
- Trujillo v. Nora, 41 P.3d 333 (N.M. 2001).published
- Trujillo v. N. Rio Arriba Elec. Coop., Inc., 2002-NMSC-004, 41 P.3d 333.published
- Boatman v. United States Racquetball Ass'n, 33 F. Supp. 3d 1264 (D. Colo. 2014).published
- Mellon v. Int'l Grp. for Historic Aircraft Recovery, 33 F. Supp. 3d 1277 (D. Wyo. 2014).published
- Online Tools for Parents, LLC v. Vilsack, 65 F. Supp. 3d 1130 (D. Colo. 2014).published
- Heineman v. Am. Home Prods. Corp., 67 F. Supp. 3d 1189 (D. Colo. 2014).published
- Sherman v. Klenke, 67 F. Supp. 3d 1210 (D. Colo. 2014).published
- L-3 Commc'ns Corp. v. Jaxon Eng'g & Maint., Inc., 69 F. Supp. 3d 1136 (D. Colo. 2014).published
- United States ex rel. Fisher Sand & Gravel Co. v. Kirkland Constr., LLP, 76 F. Supp. 3d 1199 (D. Colo. 2014).published
- du Merac v. Colorado Sch. of Mines, 104 F. Supp. 3d 1240 (D. Colo. 2015).published
- Montoya v. Newman, 115 F. Supp. 3d 1263 (D. Colo. 2015).published
- L-3 Commc'ns Corp. v. Jaxon Eng'g & Maint., Inc., 125 F. Supp. 3d 1155 (D. Colo. 2015).published
- Gen. Steel Dom. Sales, LLC v. Chumley, 129 F. Supp. 3d 1158 (D. Colo. 2015).published
- James v. James, 129 F. Supp. 3d 1212 (D. Colo. 2015).published
- Schlumbrecht-Muniz v. Steamboat Ski & Resort Corp., 132 F. Supp. 3d 1310 (D. Colo. 2015).published
- Wheeler v. Jackson Nat'l Life Ins., 159 F. Supp. 3d 828 (M.D. Tenn. 2016).published
- Kipling v. State Farm Mut. Auto. Ins., 159 F. Supp. 3d 1254 (D. Colo. 2016).published
- Green Earth Wellness Ctr., LLC v. Atain Specialty Ins., 163 F. Supp. 3d 821 (D. Colo. 2016).published
- Ace Am. Ins. v. Dish Network, LLC, 173 F. Supp. 3d 1128 (D. Colo. 2016).published
- Wimbish v. Nextel West Corp., 174 F. Supp. 3d 1275 (D. Colo. 2016).published
- Running Foxes Petroleum, Inc. v. Nighthawk Prod. LLC, 175 F. Supp. 3d 1279 (D. Colo. 2016).published
- Aluru v. Anesthesia Consultants, 176 F. Supp. 3d 1116 (D. Colo. 2016).published
- Perez v. Denver Fire Dep't, 243 F. Supp. 3d 1186 (D. Colo. 2017).published
- Thompson v. Cendant Corp., 130 F. Supp. 2d 1255 (N.D. Okla. 2001).published
- Coalition for Equal Rights, Inc. v. Owens, 458 F. Supp. 2d 1251 (D. Colo. 2006).published
- Donelson v. Providence Health & Servs., 823 F. Supp. 2d 1179 (E.D. Wash. 2011).published
- Dalton v. Countrywide Home Loans, Inc., 828 F. Supp. 2d 1242 (D. Colo. 2011).published
- Squires ex rel. Squires v. Goodwin, 829 F. Supp. 2d 1041 (D. Colo. 2011).published
- A.B. ex rel. B.S. v. Adams-Arapahoe 28J Sch. Dist., 831 F. Supp. 2d 1226 (D. Colo. 2011).published
- Kenfield v. Colorado Dep't of Pub. Health & Env't, 837 F. Supp. 2d 1232 (D. Colo. 2011).published
- Grosvenor v. Qwest Corp., 854 F. Supp. 2d 1021 (D. Colo. 2012).published
- Cent. Masonry Corp. v. Bechtel Nat'l, Inc., 857 F. Supp. 2d 1160 (D. Colo. 2012).published
- United States v. Cemex, Inc., 864 F. Supp. 2d 1040 (D. Colo. 2012).published
- Hassan v. Colorado, 870 F. Supp. 2d 1192 (D. Colo. 2012).published
- Peru v. T-Mobile USA, Inc., 897 F. Supp. 2d 1078 (D. Colo. 2012).published
- Equal Emp. Opportunity Comm'n v. Spud Seller, Inc., 899 F. Supp. 2d 1081 (D. Colo. 2012).published
- Cillo v. City of Greenwood Vill., 900 F. Supp. 2d 1181 (D. Colo. 2012).published
- Kellner v. Schultz, 937 F. Supp. 2d 1319 (D. Colo. 2013).published
- Foreman v. W. Freightways, LLC, 958 F. Supp. 2d 1270 (D. Colo. 2013).published
- Wagner v. Am. Fam. Ins., 968 F. Supp. 2d 1100 (D. Colo. 2013).published
- W. Convenience Stores, Inc. v. Suncor Energy (U.S.A.) Inc., 970 F. Supp. 2d 1162 (D. Colo. 2013).published
- US West, Inc. v. Bus. Disc. Plan, Inc., 196 F.R.D. 576 (D. Colo. 2000).published
- Gallegos v. Swift & Co., 237 F.R.D. 633 (D. Colo. 2006).published
- Melville v. Third Way Ctr., Inc., No. 1:18-cv-01230 (D. Colo. July 25, 2019).
- Robinson v. ACG Processing, No. 1:17-cv-02725 (D. Colo. July 25, 2019).
- Wenrich v. Empowered Mgmt. Solutions LLC, No. 1:17-cv-00639 (D. Colo. Aug. 3, 2019).
- Metzler v. Ball, No. 1:18-cv-02058 (D. Colo. Aug. 9, 2019).
- English v. Small Bus. Admin., No. 1:17-cv-02548 (D. Colo. Aug. 8, 2019).
- Reyes v. Off. of Surface Mining Reclamation & Enf't W. Region, No. 1:18-cv-00860 (D. Colo. July 29, 2019).
- Rios v. Nexion Health at Cherry Creek, No. 1:17-cv-03062 (D. Colo. Aug. 21, 2019).
- Garife v. Town of Castle Rock, Colorado, No. 1:17-cv-02312 (D. Colo. July 30, 2019).
- Brito v. Dunahay Props., lllp, No. 1:18-cv-00366 (D. Colo. Sept. 4, 2019).
- Dennis v. Fitzsimons, No. 1:18-cv-00128 (D. Colo. Sept. 5, 2019).
- Oransky v. Martin Marietta Materials, Inc., 400 F. Supp. 3d 1143 (D. Colo. 2019).published
- Johnson v. Colorado Seminary, No. 1:17-cv-02074 (D. Colo. Sept. 11, 2019).
- Gibson v. Brown, No. 1:16-cv-02239 (D. Colo. Sept. 17, 2019).
- Culichia v. SAFECO Ins. Co. of Am., No. 1:18-cv-00977 (D. Colo. Sept. 18, 2019).
- Curtis v. Colorado Dep't of Corr., No. 1:17-cv-00046 (D. Colo. Sept. 17, 2019).
- Al-Baaj v. Bennett, No. 1:18-cv-00618 (D. Colo. Sept. 20, 2019).
- B.W. v. Denver Cnty. Sch. Dist. No. 1, No. 1:17-cv-02462 (D. Colo. Sept. 25, 2019).
- Orwig v. Brooks, No. 1:16-cv-00781 (D. Colo. Sept. 30, 2019).
- Marco's Franchising, LLC v. Marco's Coal Fired Pizza, Inc., No. 1:17-cv-02550 (D. Colo. Sept. 23, 2019).
- Sanchez v. City & Cnty. of Denver, Acting by & Through its Bd. of Water Commissioners, No. 1:19-cv-01307, 2019 WL 5695949 (D. Colo. Nov. 4, 2019).
- Enow v. Nat'l Ass'n of Boards of Pharmacy, No. 1:17-cv-01645 (D. Colo. Nov. 19, 2019).
- Castaway v. Traudt, No. 1:16-cv-01763 (D. Colo. Dec. 9, 2019).
- Ruiz v. Woodward, Inc., No. 1:17-cv-03046, 2019 WL 6893039 (D. Colo. Dec. 18, 2019).
- Burgard v. Morales, No. 1:17-cv-02537 (D. Colo. Jan. 17, 2020).
- Nakamura v. Am. Fam. Mut. Ins. Co., No. 1:19-cv-00348 (D. Colo. Jan. 29, 2020).
- Thoupe v. Univ. of Denver, No. 1:17-cv-02293 (D. Colo. Jan. 29, 2020).
- Murway v. Allstate Fire & Cas. Ins. Co., No. 1:17-cv-02042 (D. Colo. Jan. 27, 2020).
- Robledo-Valdez v. Colorado Dep't of Corr., No. 1:16-cv-00192 (D. Colo. Jan. 29, 2020).
- Bunch v. Snow, No. 1:18-cv-02508 (D. Colo. Jan. 17, 2020).
- Mannan v. State of Colorado, The, No. 1:18-cv-01844 (D. Colo. Feb. 2, 2020).
- Dawson v. Archambeau, No. 1:16-cv-00489 (D. Colo. Jan. 13, 2020).
- Bernal v. Denver Health & Hosp. Auth., No. 1:18-cv-02697 (D. Colo. Feb. 5, 2020).
- Ultegra Fin. Partners, Inc. v. Marzolf, No. 1:19-cv-00038 (D. Colo. Feb. 27, 2020).
- Molina v. Ford Motor Co., 441 F. Supp. 3d 1176 (D. Colo. 2020).published
- Eucker v. Sunland Asphalt & Constr., Inc., No. 1:18-cv-02408 (D. Colo. Mar. 2, 2020).
- Minott v. Wichita Water Conditioning, Inc., No. 1:18-cv-01656 (D. Colo. Feb. 7, 2020).
- Ripper v. Encana Servs. Co., Ltd., No. 1:17-cv-02565 (D. Colo. Jan. 29, 2020).
- Wilson v. Wilcox, No. 1:14-cv-00421 (D. Colo. Mar. 24, 2020).
- Dawson v. Coleman, No. 1:18-cv-01112 (D. Colo. Mar. 30, 2020).
- Kirkland v. Robert W. Baird & Co., Inc., No. 1:18-cv-02724, 2020 WL 1452165 (D. Colo. Mar. 25, 2020).
- Gibson v. Brown, No. 1:16-cv-02239 (D. Colo. Apr. 9, 2020).
- Shortridge v. Wick, No. 1:17-cv-02770 (D. Colo. May 8, 2020).
- Pollack v. Boulder Cnty., No. 1:17-cv-02444 (D. Colo. June 9, 2020).
- Martinez v. Startek USA, Inc., No. 1:18-cv-01792 (D. Colo. Aug. 2, 2020).
- 7th Floor LLC v. Evanston Ins. Co., No. 1:18-cv-02222 (D. Colo. Aug. 8, 2020).
- Bragg v. Sw. Health Sys., Inc., No. 1:18-cv-00763 (D. Colo. Sept. 18, 2020).
- Kulasa v. Wyndham Vacation Rentals North Am., LLC, No. 1:19-cv-00561 (D. Colo. Oct. 8, 2020).
- Ryan v. Corr. Health Partners, No. 1:18-cv-00956, 2020 WL 6134912 (D. Colo. Oct. 19, 2020).
- Grays v. Auto Mart USA, LLC, No. 1:18-cv-01761, 2020 WL 6268630 (D. Colo. Oct. 26, 2020).
- Valenzuela v. Coleman, No. 1:18-cv-00329 (D. Colo. Oct. 15, 2020).
- Est. of Eira Saenz v. Bitterman, No. 1:20-cv-00848 (D. Colo. Nov. 17, 2020).
- Bartch v. Barch, No. 1:18-cv-03016 (D. Colo. Nov. 30, 2020).
- Griffin Jr. v. Gorman, No. 1:17-cv-03019 (D. Colo. Feb. 2, 2021).
- Halik v. Brown, No. 1:19-cv-02354 (D. Colo. Mar. 7, 2022).
- Hoffman v. Shaetzle, No. 1:19-cv-03223 (D. Colo. Aug. 30, 2022).
- Diaz Cerda v. Cillessen & Sons, Inc., No. 6:19-cv-01111, 2020 WL 416979 (D. Kan. Jan. 27, 2020).
- Shaw v. T-Mobile, No. 2:18-cv-02513 (D. Kan. Sept. 2, 2020).
- McKnight v. Topeka, Kansas, City of, No. 2:19-cv-02353 (D. Kan. Sept. 25, 2020).
- Barroca v. United States, No. 2:19-cv-02688, 2021 WL 274505 (D. Kan. Jan. 27, 2021).
At page 363 Determining qualification and burden of proof for ADA claims114 citing cases“conclusory allegations standing alone will not defeat a properly supported motion for summary judgment.”
- Robert Barnett v. U.S. Air, Inc., 196 F.3d 979 (9th Cir. 1999).published But see White v. York Int'l Corp., 45 F.3d 357, 363 (10th Cir.1995).
- Robert Barnett v. U.S. Air, Inc., 157 F.3d 744 (9th Cir. 1998).published But see White v. York Int'l Corp., 45 F.3d 357, 363 (10th Cir.1995).
- Dansie v. Union Pac. R.R., 42 F.4th 1184 (10th Cir. 2022).published(White has produced no evidence that accommodation was possible. Thus, he has failed to establish an essential element of his case: that he is a ‘qualified person with a disability,’ entitled to the protections of the A…)
- Freeman v. Cheyenne WY, 660 F. Supp. 3d 1155 (D. Wyo. 2023).publishedCorp., 45 F.3d 357, 363 (10th Cir. 1995); Smith v. Midland Brake, Inc., a Div.of Echlin, Inc., 180 F.3d 1154, 1174 (10th Cir. 1999); Koppes, 975 F.3d at 1009-10 .
- Williams v. Gray, No. 5:19-cv-00820 (W.D. Okla. Oct. 18, 2022).Conclusory allegations will not create a genuine issue of material fact defeating a summary judgment motion. ., 45 F.3d 357, 363 (10th Cir. 1995).
- Bell v. O'reilly Auto Enter. LLC, 626 F. Supp. 3d 141 (D. Me. 2022).publishedAs such, the “interactive process is triggered only after [the] employer makes [the] threshold determination that [the] disabled employee may be accommodated.” Id. (citing White v. York Int’l Corp., 45 F.3d 357, 363 (10th Cir. 1995)).
- Plater v. Poirot, No. 5:21-cv-00899, 2022 WL 1782603 (W.D. Okla. June 1, 2022).White v. York Int’l Corp., 45 F.3d 357, 363 (10th Cir. 1995).
- Hairston v. Costco Wholesale Corp., No. 1:19-cv-02801 (D. Colo. Mar. 29, 2022).(holding that a party relying on only conclusory allegations cannot defeat a properly supported motion for summary judgment)
- Dennis v. Fitzsimons, 850 F. App'x 598 (10th Cir. 2021).unpublishedP. 56(a). “[C]onclusory allegations standing alone will not defeat a properly supported motion for summary judgment.” White v. York Int’l Corp., 45 F.3d 357, 363 (10th Cir. 1995) (citing Cone v. Longmont United Hosp.
- Nadaf-Rahrov v. the Neiman Marcus Grp., Inc., 166 Cal. App. 4th 952 (Cal. Ct. App. 2008).published
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- Boback v. Gen. Motors Corp., 107 F.3d 870 (6th Cir. 1997).unpublished
- Turco v. Hoechst Celanese Chem. Grp., Inc., 906 F. Supp. 1120 (S.D. Tex. 1995).published
- Julianne E. Willett v. State of Kansas, 120 F.3d 272 (10th Cir. 1997).published
- Butler v. Wal-Mart Stores, Inc, No. 99-6144 (10th Cir. Dec. 13, 1999).unpublished
- Mitchell v. Henderson, No. 99-1205 (10th Cir. Jan. 7, 2000).unpublished
- McCoy v. USF Dugan, Inc., 42 F. App'x 295 (10th Cir. 2002).unpublished
- Lowe v. Indep. Sch. Dist. No. 1, 363 F. App'x 548 (10th Cir. 2010).unpublished
- Richard Jacques v. Clean-Up Grp., Inc., 96 F.3d 506 (1st Cir. 1996).published
- Ellen Fjellestad v. Pizza Hut of Am., Inc., 188 F.3d 944 (8th Cir. 1999).published
- Barnes v. Spirit AeroSystems, Inc., 533 F. App'x 851 (10th Cir. 2013).unpublished
- Andress v. Nat'l Pizza Co. Intern., Inc., 984 F. Supp. 475 (S.D. Miss. 1997).published
- Dotson v. Electro-Wire Prods., Inc., 890 F. Supp. 982 (D. Kan. 1995).published
- Ramirez v. IBP, Inc., 913 F. Supp. 1421 (D. Kan. 1995).published
- Russell v. Midwest-Werner & Pfleiderer, Inc., 949 F. Supp. 792 (D. Kan. 1996).published
- Britschge v. Harmison, 947 F. Supp. 435 (D. Kan. 1996).published
- Baer v. Terminix Intern. Co., Ltd. P'ship, 975 F. Supp. 1272 (D. Kan. 1997).published
- Gudenkauf v. Stauffer Commc'ns, Inc., 922 F. Supp. 465 (D. Kan. 1996).published
- Duffee by & Through Thornton v. Murray Ohio Mfg., 896 F. Supp. 1071 (D. Kan. 1995).published
- Hartman v. Great Cent. Ins., 915 F. Supp. 250 (D. Kan. 1996).published
- Vigil v. Burlington N. & Santa Fe Ry. Co., 521 F. Supp. 2d 1185 (D.N.M. 2007).published
- Billsie v. Brooksbank, 525 F. Supp. 2d 1290 (D.N.M. 2007).published
- Koch v. Koch Indus., Inc., 969 F. Supp. 1460 (D. Kan. 1997).published
- Ali v. Douglas Cable Commc'ns, 929 F. Supp. 1362 (D. Kan. 1996).published
- Rettiger v. IBP, Inc., 980 F. Supp. 1182 (D. Kan. 1997).published
- Cameron v. Hendricks, 942 F. Supp. 499 (D. Kan. 1996).published
- Simmons Foods, Inc. v. Capital City Bank, Inc., 270 B.R. 295 (D. Kan. 2001).published
- Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. v. Resolution Trust Corp., 923 F. Supp. 1402 (D. Kan. 1996).published
- Fortner v. State of Kansas, 934 F. Supp. 1252 (D. Kan. 1996).published
- Thompson v. Johnson Cnty. Cmty. Coll., 930 F. Supp. 501 (D. Kan. 1996).published
- Wright v. State Farm Mut. Auto. Ins., 911 F. Supp. 1364 (D. Kan. 1995).published
- Jeffries v. Kansas, Dep't of Soc. & Rehab. Servs., 946 F. Supp. 1556 (D. Kan. 1996).published
- Skar v. Spirit Aerosystems, Inc., 798 F. Supp. 2d 1204 (D. Kan. 2011).published
- Pfeifer v. Fed. Express Corp., 818 F. Supp. 2d 1287 (D. Kan. 2011).published
- Ryan Dev. Co. v. Indiana Lumbermens Mut. Ins., 783 F. Supp. 2d 1179 (D. Kan. 2011).published
- Brand v. Mazda Motor Corp., 978 F. Supp. 1382 (D. Kan. 1997).published
- Thomas v. Johnson Agri-Trucking, 802 F. Supp. 2d 1242 (D. Kan. 2011).published
- Heise v. Genuine Parts Co., 900 F. Supp. 1137 (D. Minn. 1995).published
- Fender v. Kansas Soc. & Rehab. Servs., 168 F. Supp. 2d 1216 (D. Kan. 2001).published
- Harnett v. Parris, 925 F. Supp. 1496 (D. Kan. 1996).published
- Klepsky v. Dick Enter., Inc., 87 F. Supp. 2d 795 (N.D. Ohio 2000).published
- Wallace v. Beech Aircraft Corp., 87 F. Supp. 2d 1138 (D. Kan. 2000).published
- Pendergraft v. Layne Christensen Canada, Ltd., 446 F. Supp. 2d 1214 (D. Kan. 2006).published
- Bausman v. Interstate Brands Corp., 50 F. Supp. 2d 1028 (D. Kan. 1999).published
- Land v. Midwest Off. Tech., Inc., 114 F. Supp. 2d 1121 (D. Kan. 2000).published
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- Allen v. Garden City Co-Op, Inc., 651 F. Supp. 2d 1249 (D. Kan. 2009).published
- McCleary v. Nat'l Cold Storage, Inc., 67 F. Supp. 2d 1288 (D. Kan. 1999).published
- Kidwell v. Bd. of Cnty. Com'rs of Shawnee Cnty., 40 F. Supp. 2d 1201 (D. Kan. 1998).published
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- Miller v. Dillard's, Inc., 166 F. Supp. 2d 1326 (D. Kan. 2001).published
- Dodson Int'l Parts, Inc. v. Altendorf, 347 F. Supp. 2d 997 (D. Kan. 2004).published
- Walker v. Brownlee, 385 F. Supp. 2d 1126 (D. Kan. 2005).published
- First Sav. Bank, FSB v. US Bancorp, 117 F. Supp. 2d 1061 (D. Kan. 2000).published
- Morris-Eberhart v. J.G. Mathena & Assoc., Inc., 63 F. Supp. 2d 1301 (D. Kan. 1999).published
- Cuenca v. Univ. of Kansas, 265 F. Supp. 2d 1191 (D. Kan. 2003).published
- Newell v. City of Salina, 276 F. Supp. 2d 1148 (D. Kan. 2003).published
- Garcia v. Palomino, Inc., 738 F. Supp. 2d 1171 (D. Kan. 2010).published
- Eads Ex Rel. Eads v. Unified Sch. Dist. No. 289, 184 F. Supp. 2d 1122 (D. Kan. 2002).published
- Braden v. Cargill, Inc., 176 F. Supp. 2d 1103 (D. Kan. 2001).published
- Tri-State Ins. Co. of Minnesota v. H.D.W. Enter., Inc., 180 F. Supp. 2d 1203 (D. Kan. 2001).published
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- Scroggins v. City of Topeka, Kan., 2 F. Supp. 2d 1362 (D. Kan. 1998).published
- Bui v. IBP, Inc., 171 F. Supp. 2d 1168 (D. Kan. 2001).published
- United Tunneling Enter., Inc. v. Havens Constr. Co., 35 F. Supp. 2d 789 (D. Kan. 1998).published
- Kirkland v. St. Elizabeth Hosp., 120 F. Supp. 2d 660 (N.D. Ohio 2000).published
- Lewis v. Glickman, 104 F. Supp. 2d 1311 (D. Kan. 2000).published
- Bagby v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 104 F. Supp. 2d 1294 (D. Kan. 2000).published
- Hysten v. Burlington N. & Santa Fe R. Co., 167 F. Supp. 2d 1239 (D. Kan. 2001).published
- Kumar v. Higgins, 91 F. Supp. 2d 1119 (N.D. Ohio 2000).published
- Caputo v. Prof'l Recovery Servs., Inc., 261 F. Supp. 2d 1249 (D. Kan. 2003).published
- United States ex rel. Quality Trust, Inc. v. Cajun Contractors, Inc., 486 F. Supp. 2d 1255 (D. Kan. 2007).published
- Alamo Rodriguez v. Pfizer Pharm., Inc., 286 F. Supp. 2d 144 (D.P.R. 2003).published
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- Burnett v. Pizza Hut of Am., Inc., 92 F. Supp. 2d 1142 (D. Kan. 2000).published
- Qwest Corp. v. Elephant Butte Irrigation Dist., 616 F. Supp. 2d 1110 (D.N.M. 2008).published
- Kmmentor, LLC v. Knowledge Mgmt. Prof'l Soc'y, Inc., 712 F. Supp. 2d 1222 (D. Kan. 2010).published
- Triple-I Corp. v. Hudson Assocs. Consulting, Inc., 713 F. Supp. 2d 1267 (D. Kan. 2010).published
- Anthony v. United Tel. Co. of Ohio, 277 F. Supp. 2d 763 (N.D. Ohio 2002).published
- Dougherty v. Venator Grp. Retail, 94 F. Supp. 2d 1206 (D. Kan. 2000).published
- Plakio v. Congregational Home, Inc., 902 F. Supp. 1383 (D. Kan. 1995).published
- Vigil v. Morgan, 598 F. App'x 594 (10th Cir. 2015).unpublished
- Schlecht v. Lockheed Martin Corp., 626 F. App'x 775 (10th Cir. 2015).unpublished
- Ellen Fjellestad v. Pizza Hut of Am., No. 98-2071 (8th Cir. June 16, 1999).published
- Shaver v. Wolske & Blue, 742 N.E.2d 164 (Ohio Ct. App. 10th Dist. 2000).published
- Jenkins v. IBD, Inc., 489 B.R. 587 (D. Kan. 2013).published
- Boese v. Fort Hays State Univ., 814 F. Supp. 2d 1138 (D. Kan. 2011).published
- Fulghum v. Embarq Corp., 938 F. Supp. 2d 1090 (D. Kan. 2013).published
- B.S.C. Holding, Inc. v. Lexington Ins., 947 F. Supp. 2d 1150 (D. Kan. 2013).published
- Huddleston v. Lumbermens Mut. Cas. Co., 950 F. Supp. 306 (D. Kan. 1996).published
- Vorhies v. Pioneer Mfg. Co., 906 F. Supp. 578 (D. Colo. 1995).published
- EEOC v. United Airlines, No. 98-2076, 1999 WL 397390 (10th Cir. June 17, 1999).unpublished
At page 361 Allocating burden of proof for ADA qualification74 citing cases“as with discrimination cases generally, the plaintiff at all times bears the ultimate burden of persuading the trier of fact that he has been the victim of illegal discrimination based on his disability.”
- Robert Barnett v. U.S. Air, Inc., 196 F.3d 979 (9th Cir. 1999).published But see White v. York Int'l Corp., 45 F.3d 357, 363 (10th Cir.1995).
- Robert Barnett v. U.S. Air, Inc., 157 F.3d 744 (9th Cir. 1998).published But see White v. York Int'l Corp., 45 F.3d 357, 363 (10th Cir.1995).
- Golden, No. 2:25-cv-02179 (D. Kan. Oct. 20, 2025).“The plaintiff at all times bears the ultimate burden of persuading the trier of fact that he has been the victim of illegal discrimination based on his disability.” White v. York Int’l Corp., 45 F.3d 357, 361 (10th Cir. 1995).
- Hanson v. Kennecott Utah Copper LLC, No. 2:21-cv-00642 (D. Utah July 27, 2023). Accordingly, the court turns to consider whether 124 Mason v. Avaya Commc’ns, Inc., 357 F.3d 1114, 1122 (10th Cir. 2004) (citing White v. York Int’l Corp., 45 F.3d 357, 361 (10th Cir. 1995)). 125 Herrmann, 21 F.4th at 674 (quoting Lincoln,…
- Mitchell v. Clean Harbors Env't Servs. Inc, No. 5:21-cv-00829 (W.D. Okla. Feb. 3, 2023).To establish his prima facie discrimination case, Plaintiff “must show: (1) he is disabled within the meaning of the ADA; (2) he can perform, either with or without reasonable accommodation, the essential functions of the desired job; and…
- Aramburu v. The Boeing Co., 112 F.3d 1398 (10th Cir. 1997).published
- Smith v. Midland Brake, Inc., 138 F.3d 1304 (10th Cir. 1998).published
- Kenneth R. Johnson v. The City of Midwest City, 166 F.3d 1221 (10th Cir. 1999).published
- Spraggs v. Sun Oil Co., No. 97-5194 (10th Cir. May 16, 2000).unpublished
- Cisneros v. Wilson, 226 F.3d 1113 (10th Cir. 2000).published
Show 59 more citing cases
- Colorado Cross Disability Coalition v. Hermanson Fam. Ltd. P'ship I, 264 F.3d 999 (10th Cir. 2001).published
- Dilley v. Supervalu, Inc., 296 F.3d 958 (10th Cir. 2002).published
- Davidson v. Am. Online, Inc., 337 F.3d 1179 (10th Cir. 2003).published
- Mason v. Avaya Commc'ns, Inc., 357 F.3d 1114 (10th Cir. 2004).published
- Bartee v. Michelin North Am., Inc., 374 F.3d 906 (10th Cir. 2004).published
- Ward v. Massachusetts Health Rsch. Inst., Inc., 209 F.3d 29 (1st Cir. 2000).published
- Zenaida Garc A-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638 (1st Cir. 2000).published
- Reed v. Lepage Bakeries, Inc., 244 F.3d 254 (1st Cir. 2001).published
- Charlie Milton v. Scrivner, Inc., Gary Massey v. Scrivner, Inc., 53 F.3d 1118 (10th Cir. 1995).published
- Robert D. Benson v. Nw. Airlines, Inc., Karen Pierce Harvey Armstrong, 62 F.3d 1108 (8th Cir. 1995).published
- Raymond Porter v. United States Alumoweld Co., Inc., 125 F.3d 243 (4th Cir. 1997).published
- Oconomowoc Residential Programs, Inc. v. City of Milwaukee, 300 F.3d 775 (7th Cir. 2002).published
- Ricks v. Xerox Corp., 877 F. Supp. 1468 (D. Kan. 1995).published
- Aikens v. Banana Repub., Inc., 877 F. Supp. 1031 (S.D. Tex. 1995).published
- Gerdes v. Swift-Eckrich, Inc., 949 F. Supp. 1386 (N.D. Iowa 1996).published
- Valentine v. Am. Home Shield Corp., 939 F. Supp. 1376 (N.D. Iowa 1996).published
- Terrell v. USAir, Inc., 955 F. Supp. 1448 (M.D. Fla. 1996).published
- Kuehl v. Wal-Mart Stores, Inc., 909 F. Supp. 794 (D. Colo. 1995).published
- Staub v. Boeing Co., 919 F. Supp. 366 (W.D. Wash. 1996).published
- Nguyen v. IBP, Inc., 905 F. Supp. 1471 (D. Kan. 1995).published
- Hutchinson v. United Parcel Serv., Inc., 883 F. Supp. 379 (N.D. Iowa 1995).published
- Willett v. State of Kan., 942 F. Supp. 1387 (D. Kan. 1996).published
- Jackson v. Analysts Int'l Corp., 956 F. Supp. 1568 (D. Kan. 1997).published
- Bryant v. Better Bus. Bureau of Greater Maryland, Inc., 923 F. Supp. 720 (D. Md. 1996).published
- Scott v. Beverly Enter.-Kansas, Inc., 968 F. Supp. 1430 (D. Kan. 1997).published
- Harden v. Delta Air Lines, Inc., 900 F. Supp. 493 (S.D. Ga. 1995).published
- Deghand v. Wal-Mart Stores, Inc., 926 F. Supp. 1002 (D. Kan. 1996).published
- Bennett v. Henderson, 15 F. Supp. 2d 1097 (D. Kan. 1998).published
- Garza v. Abbott Labs., 940 F. Supp. 1227 (N.D. Ill. 1996).published
- Riechmann v. Cutler-Hammer, Inc., 95 F. Supp. 2d 1171 (D. Kan. 2000).published
- Zimmerman v. Gen. Motors, Delphi Energy & Engine Mgmt. Sys. Div., 959 F. Supp. 1393 (D. Kan. 1997).published
- Bowers v. Bethany Med. Ctr., 959 F. Supp. 1385 (D. Kan. 1997).published
- South v. NMC Homecare, Inc., 943 F. Supp. 1336 (D. Kan. 1996).published
- Braziel v. Loram Maint. of Way, Inc., 943 F. Supp. 1083 (D. Minn. 1996).published
- Reed v. Lepage Bakeries, Inc., 102 F. Supp. 2d 33 (D. Me. 2000).published
- Hines v. Chrysler Corp., 231 F. Supp. 2d 1027 (D. Colo. 2002).published
- Carmichael v. Verso Paper, LLC, 679 F. Supp. 2d 109 (D. Me. 2010).published
- McClurg v. Gtech Corp., 61 F. Supp. 2d 1150 (D. Kan. 1999).published
- Dahlberg v. Avis Rent a Car Sys., Inc., 92 F. Supp. 2d 1091 (D. Colo. 2000).published
- Graves v. Nat'l R.R. Passenger Corp., 92 F. Supp. 2d 1253 (D. Utah 2000).published
- Apsley v. Boeing Co., 722 F. Supp. 2d 1218 (D. Kan. 2010).published
- Riggs v. Boeing Co., 98 F. Supp. 2d 1252 (D. Kan. 2000).published
- Hawkins v. Schwan's Home Serv., Inc., 778 F.3d 877 (10th Cir. 2015).published
- Deane v. Pocono Med Ctr, No. 96-7174 (3d Cir. Aug. 25, 1997).
- Dep't of Human Servs. v. State Pers. Bd., 2016 COA 37, 371 P.3d 748.published
- Wickware v. Johns Manville, 676 F. App'x 753 (10th Cir. 2017).unpublished
- Aubrey v. Koppes, 975 F.3d 995 (10th Cir. 2020).published
- Equal Emp. Opportunity Comm'n v. JBS USA, LLC, 115 F. Supp. 3d 1203 (D. Colo. 2015).published
- Bd. of Directors of Cameron Grove Condo., II v. State Comm'n on Human Relations, 63 A.3d 1064 (Md. 2013).published
- McDonald v. Raytheon Aircraft Corp., 959 F. Supp. 1415 (D. Kan. 1997).published
- Haskew v. Sw. Airlines Co., No. 1:19-cv-00732 (D.N.M. May 22, 2020).
- Gutierrez v. DSG New Mexico, LLC, No. 1:20-cv-00174 (D.N.M. May 12, 2022).
- Tawna Bowles v. SSRG II, LLC, 162 F.4th 716 (6th Cir. 2025).published
- Porter v. US Alumoweld Co., No. 96-1441 (4th Cir. Sept. 15, 1997).published
- Champ v. Baltimore Cnty., 884 F. Supp. 991 (D. Md. 1995).published
- Hogue v. MQS Inspection, Inc., 875 F. Supp. 714 (D. Colo. 1995).published
- Vorhies v. Pioneer Mfg. Co., 906 F. Supp. 578 (D. Colo. 1995).published
- Osborne v. Baxter Healthcare Corp., 798 F.3d 1260 (10th Cir. 2015).published
- Nguyen v. City & Cnty. of Denver, 286 F. Supp. 3d 1168 (D. Colo. 2017).published
At page 362 Defining essential functions and evaluating accommodation evidence74 citing cases[T]he ADA does not require an employer to promote a disabled employee as an accommodation, nor must an employer reassign the employee to an occupied position, nor must the employer create a new position to accommodate the disabled worker.
- Robert Barnett v. U.S. Air, Inc., 196 F.3d 979 (9th Cir. 1999).published But see White v. York Int'l Corp., 45 F.3d 357, 363 (10th Cir.1995).
- Robert Barnett v. U.S. Air, Inc., 157 F.3d 744 (9th Cir. 1998).published But see White v. York Int'l Corp., 45 F.3d 357, 363 (10th Cir.1995).
- Bongiovanni v. City & Cnty. of Denver/Prob., No. 1:23-cv-01961 (D. Colo. July 3, 2025).([T]he ADA does not require an employer to promote a disabled employee as an accommodation[.])
- Smith v. Midland Brake, Inc., 180 F.3d 1154 (10th Cir. 1999).published ([T]he ADA does not require an employer to ... reassign the employee to an occupied position.)
- Deal v. Candid Color Sys., No. 97-6298 (10th Cir. July 6, 1998).unpublished (the ADA does not require an employer to . . . reassign the employee to an occupied position [or] . . . create a new position to accommodate the disabled worker)
- Karen S. Deal v. Candid Color Sys., an Oklahoma Corp., 153 F.3d 726 (10th Cir. 1998).published (the ADA does not require an employer to ... reassign the employee to an occupied position [or] ... create a new position to accommodate the disabled worker)
- Terrell v. USAIR, 132 F.3d 621 (11th Cir. 1998).published([T]he ADA does not require an employer to promote a disabled employee as an accommodation, nor must an employer reassign the employee to an occupied position, nor must the employer create a new position to accommodate…)
- Jones, No. 1:24-cv-00350 (E.D. Tex. June 24, 2026).Toronka v. Cont’l Airlines, Inc., 411 F. App’x 719, 724 (5th Cir. 2011); Still v. Freeport-McMoran, Inc., 120 F.3d 50, 53 (5th Cir. 1997); Turco, 101 F.3d at 1094 ; Gile v. United Airlines, Inc., 95 F.3d 492, 498 (7th Cir. 1996); White v.…
- Spraggs v. Sun Oil Co., No. 97-5194 (10th Cir. May 16, 2000).unpublished
- Ward v. Massachusetts Health Rsch. Inst., Inc., 209 F.3d 29 (1st Cir. 2000).published
Show 57 more citing cases
- Robert D. Benson v. Nw. Airlines, Inc., Karen Pierce Harvey Armstrong, 62 F.3d 1108 (8th Cir. 1995).published
- Terrell v. USAir, Inc., 955 F. Supp. 1448 (M.D. Fla. 1996).published
- McClurg v. Gtech Corp., 61 F. Supp. 2d 1150 (D. Kan. 1999).published
- Hawkins v. Schwan's Home Serv., Inc., 778 F.3d 877 (10th Cir. 2015).published
- Phillip T. Still v. Freeport-Mcmoran, Inc., 120 F.3d 50 (5th Cir. 1997).published
- William L. Lucas v. W.W. Grainger, Inc., 257 F.3d 1249 (11th Cir. 2001).published
- Nicholson v. The Boeing Co., No. 98-3058 (10th Cir. May 4, 1999).unpublished
- Sharon Johnson v. Cleveland City Sch. Dist., 443 F. App'x 974 (6th Cir. 2011).unpublished
- Lester Schmidt v. Methodist Hosp. of Indiana, Inc., 89 F.3d 342 (7th Cir. 1996).published
- Cheryl A. Gile v. United Airlines, Inc., 95 F.3d 492 (7th Cir. 1996).published
- Thomas J. Conklin v. City of Englewood, Ohio, 98 F.3d 1341 (6th Cir. 1996).unpublished
- Boback v. Gen. Motors Corp., 107 F.3d 870 (6th Cir. 1997).unpublished
- Terry Smith v. Ameritech Ameritech Publ'g, Inc. Sickness & Accident Disability Benefit Plan Long Term Disability Plan, 129 F.3d 857 (6th Cir. 1997).published
- Dennis E. Gaul v. Lucent Tech. Inc. John Does 1-100 Jane Does 1-100 Abc Corp. Xyz Corp, 134 F.3d 576 (3d Cir. 1998).published
- Francia Pond v. Michelin North Am., Inc., Also Known as Uniroyal Goodrich Tire Mfg., Inc., 183 F.3d 592 (7th Cir. 1999).published
- Charles A. Bratten v. Ssi Servs., Inc. Acs, Inc., 185 F.3d 625 (6th Cir. 1999).published
- Rebecca Cravens v. Blue Cross & Blue Shield of Kansas City, 214 F.3d 1011 (8th Cir. 2000).published
- Lamb v. Qualex Inc., 33 F. App'x 49 (4th Cir. 2002).unpublished
- MacSuga v. Cnty. of Spokane, 983 P.2d 1167 (Wash. Ct. App. 1999).published
- Cmty. Hosp. v. Fail, 969 P.2d 667 (Colo. 1998).published
- Jenkins v. Guardian Indus. Corp., 16 S.W.3d 431 (Tex. App.—Waco 2000).published
- Mitchell v. Washingtonville Cent. Sch. Dist., 992 F. Supp. 395 (S.D.N.Y. 1998).published
- Riley v. Weyerhaeuser Paper Co., 898 F. Supp. 324 (W.D.N.C. 1995).published
- Muller v. Exxon Rsch. & Eng'g Co., 786 A.2d 143 (N.J. Super. Ct. App. Div. 2001).published
- Hendricks-Robinson v. Excel Corp., 972 F. Supp. 464 (C.D. Ill. 1997).published
- Leslie v. St. Vincent New Hope, Inc., 916 F. Supp. 879 (S.D. Ind. 1996).published
- Marschand v. Norfolk & W. Ry. Co., 876 F. Supp. 1528 (N.D. Ind. 1995).published
- Sieberns v. Wal-Mart Stores, Inc., 946 F. Supp. 664 (N.D. Ind. 1996).published
- Turco v. Hoechst Celanese Chem. Grp., Inc., 906 F. Supp. 1120 (S.D. Tex. 1995).published
v.
YORK INTERNATIONAL CORPORATION, Defendant-Appellee
David White, the plaintiff below, appeals from the district court’s grant of summary judgment to the defendant, York International Corporation (“York”) — F.Supp. -. White’s suit alleges that he was illegally terminated by York because of his disability, in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.
BACKGROUND
In 1983, White was hired by York, a manufacturer of commercial air conditioners, for[*359] the position of Unit Assembler. This position required lifting and continuous standing. In July of 1984, White broke his right ankle in a non-work-related accident. Following a four-month leave of absence, White returned to his same position at York. By letter of November 1, 1984, White’s doctor, Dr. John B. Gruel, indicated that White should avoid standing for longer than two hours, limit his walking, and avoid jumping from heights. All of these restrictions, except for the restriction on jumping, eventually were lifted.
In 1990, White applied for, and received, a transfer to another position, Machine Operator II. Like the Unit Assembler position, the Machine Operator II position required lifting and continuous standing. White Dep., Appellant’s App. at 48-51.
On August 13, 1991, White sustained another non-work-related injury to his ankle and took medical disability leave from York. Shortly thereafter, he was advised by Dr. Gruel to undergo arthrodesis, a surgical procedure by which the patient’s ankle is immobilized, or fused. White had the procedure performed on March 27, 1992.
On August 3, 1992, White presented York a medical release from Dr. Gruel which contained the following restrictions: work as tolerated; no standing for longer than four hours; and no lifting more than fifteen pounds.
Finding the “work as tolerated” restriction ambiguous, York opted to exercise its rights under the Employee Guide to request an independent medical exam. Deposition of Thomas Hanson, York’s Employee and Community Relations Manager, Appellant’s App. at 75-76. Dr. Tom Ewing examined White and determined that he was unable to return to work at that time because, in Dr. Ewing’s opinion, the ankle fusion was not complete. [1]
By letter dated November 18, 1992, York terminated White. It cited as the reason for his termination the fact that he had been absent from work for a twelve-month period. [2] The letter went on to state that, in light of his medical restrictions, the company was unaware of any accommodations it could reasonably make which would allow White to perform his job. See Appellant’s App. at 80.
White filed suit against York, claiming that he was discharged because of his disability, in violation of the ADA and Oklahoma state law. York moved for summary judgment, arguing that White’s injury was not a “disability,” as that term is defined in the ADA. Alternatively, York claimed that (1) even if White were disabled, he could not perform the “essential functions” of his job; (2) York could not “reasonably accommodate” his disability; and (3) in any event, he was terminated under a nondiseriminatory absentee policy.
In response, White argued that York’s stated reason for terminating him, the absenteeism policy, was a mere pretext, and that the real reason he was terminated was because he was disabled. [3] He further claimed that he could perform the essential functions of the job if he were afforded “reasonable accommodation.” White Aff., Appellant’s App. at 123.
The district court granted York’s motion for summary judgment. In its order, the court noted that a factual dispute existed as to whether or not White was disabled. The court found, however, that even if he were disabled, White had failed to adduce any evidence supporting his contention that with reasonable accommodation he could perform the essential functions of his job. Thus, the court concluded, because White had failed to adduce evidence in support of an essential[*360] element of his claim, i.e., that he was a “qualified individual with a disability,” 42 U.S.C. § 12111(8), summary judgment in favor of York was proper. [4]
We review the district court’s grant of summary judgment de novo to determine whether there is a genuine issue as to any material fact and whether the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(e); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986); Concrete Works of Colo., Inc. v. City and County of Denver, 36 F.3d 1513, 1517 (10th Cir.1994). If a reasonable trier of fact could not return a verdict for the nonmoving party, summary judgment is proper. Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); id. at 330 n. 2, 106 S.Ct. at 2556 n. 2 (Brennan, J., dissenting); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Concrete Works of Colo., Inc., 36 F.3d at 1518.
The very purpose of a summary judgment action is to determine whether trial is necessary. Thus, the nonmoving party must, at a minimum, direct the court to facts which- establish a genuine issue for trial. In the face of a properly supported motion for summary judgment, the nonmoving party may not rely upon unsupported allegations without “ ‘any significant probative evidence tending to support the complaint.’ ” Anderson, 477 U.S. at 249, 106 S.Ct. at 2510 (quoting First Nat’l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 290, 88 S.Ct. 1575, 1593, 20 L.Ed.2d 569 (1968)).
DISCUSSION
The ADA provides that “[n]o covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). The ADA defines a “qualified individual with a disability” as “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” Id. § 12111(8); see School Bd. of Nassau County v. Arline, 480 U.S. 273, 287 n. 17, 107 S.Ct. 1123, 1130 n. 17, 94 L.Ed.2d 307 (1987); Southeastern Community College v. Davis, 442 U.S. 397, 406, 99 S.Ct. 2361, 2367, 60 L.Ed.2d 980 (1979). [5]
Accordingly, to qualify for relief under the ADA, a plaintiff must establish (1) that he is a disabled person within the meaning of the ADA; (2) that he is qualified, that is, with or without reasonable accommodation (which he must describe), he is able to perform the essential functions of the job; and (3) that the employer terminated him be[*361] cause of his disability. [6] See Mason v. Frank, 32 F.3d 315, 318-19 (8th Cir.1994); Tyndall v. National Educ. Ctrs., 31 F.3d 209, 212 (4th Cir.1994); Chandler v. City of Dallas, 2 F.3d 1385, 1390 (5th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1386, 128 L.Ed.2d 61 (1994); Barth v. Gelb, 2 F.3d 1180, 1186 (D.C.Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1538, 128 L.Ed.2d 190 (1994); Gilbert v. Frank, 949 F.2d 637, 640-42 (2d Cir.1991); Lucero v. Hart, 915 F.2d 1367, 1371 (9th Cir.1990).
Once the plaintiff produces evidence sufficient to make a facial showing that accommodation is possible, the burden of production shifts to the employer to present evidence of its inability to accommodate. See Mason, 32 F.3d at 318; Barth, 2 F.3d at 1187; Gilbert, 949 F.2d at 642. If the employer presents such evidence, the plaintiff may not simply rest on his pleadings. He “has the burden of coming forward with evidence concerning his individual capabilities and suggestions for possible accommodations to rebut the employer’s evidence.” Prewitt v. United States Postal Serv., 662 F.2d 292, 308 (5th Cir. Unit A 1981); see Mason, 32 F.3d at 318; Chiari v. City of League City, 920 F.2d 311, 318 (5th Cir.1991). As with discrimination cases generally, the plaintiff at all times bears the ultimate burden of persuading the trier of fact that he has been the victim of illegal discrimination based on his disability. See St. Mary’s Honor Ctr. v. Hicks, — U.S. -, -, 113 S.Ct. 2742, 2747-49, 125 L.Ed.2d 407 (1993); Tyndall, 31 F.3d at 213; Barth, 2 F.3d at 1186; Pushkin, 658 F.2d at 1385; see also Rea v. Martin Marietta Corp., 29 F.3d 1450, 1455 (10th Cir.1994).
In this case, the district court found that White had demonstrated a genuine issue of fact as to whether he is or is not disabled. Thus, for purposes of our summary judgment review, we assume that White established the first element of his claim, and turn to the question of whether he is qualified under the ADA.
In Chandler v. City of Dallas, 2 F.3d 1385 (5th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1386, 128 L.Ed.2d 61 (1994), the Fifth Circuit articulated a two-part analysis for determining whether a person is qualified within the meaning of the ADA:
First, we must determine whether the individual could perform the essential functions of the job, i.e., functions that bear more than a marginal relationship to the job at issue. Second, if (but only if) we conclude that the individual is not able to perform the essential functions of the job, we must determine whether any reason[*362] able accommodation by the employer would enable him to perform those functions.
Id. 2 F.3d at 1393-94; see also Arline, 480 U.S. at 287 n. 17, 107 S.Ct. at 1130 n. 17; Gilbert, 949 F.2d at 641; Chiari, 920 F.2d at 315.
Our first task in applying this analysis is to define the “essential functions” of the jobs at issue in this case. Prior to taking disability leave, White was employed as a Machine Operator II. Previously, he had been employed as a Unit Assembler. York has submitted evidence in support of its claim that the ability to lift objects weighing more than fifteen pounds and to stand for longer than four hours are essential to the performance of these jobs. See Appellant’s App. at 70, 81-83; Affidavit of Thomas Hanson, Appellant’s App. at 38-39 (“Hanson Aff.”). White has not disputed this contention. White Dep., Appellant’s App. at 48-51. Moreover, because these positions exist for the express purpose of moving large pieces of sheet metal, it is obvious that the lifting and standing requirements bear more than a marginal relationship to the jobs. Furthermore, White has not contested York’s assertion that these requirements could not be eliminated without fundamentally altering the nature of the jobs, something the ADA does not require an employer to do. [7] We therefore accept the lifting and standing requirements as essential functions of the jobs at issue. '
White has admitted that he would have been unable to perform the essential functions of either position without accommodation. White Dep., Appellant’s App. at 61; see Deposition of Dr. Jack Spencer, Appellant’s App. at 120-22. Thus, we must consider whether White has demonstrated a genuine issue of fact regarding his ability to perform, the essential functions with reasonable accommodation.
As to possible accommodations which would have enabled him to perform the essential lifting and standing functions of the Machine Operator II and Unit Assembler positions, White offered no evidence. Instead, he simply continued to assert the bald conclusion that with “reasonable accommodation” he could have performed the “essential functions” of the jobs at issue. [8]
With respect to the possible accommodation of reassignment to another position, again, White offered nothing beyond his own subjective opinion that he could perform various other jobs at York. [9] York, on the other hand, offered affirmative evidence that, as to each of the positions White identified, the essential functions required lifting greater than fifteen pounds and/or standing for longer than four hours; the position was at a grade higher than White’s (labor grade 6); there was no identified job category; or there were no vacancies at the time of White’s termination. Hanson Aff., Appellant’s App. at 38.
EEOC guidelines provide that reassignment may be considered as a reasonable accommodation. 29 C.F.R. § 1630.2(o)(2)(n). However, the ADA does not require an employer to promote a disabled employee as an accommodation, nor must an employer reassign the employee to an occupied position, nor must the employer create a new position to accommodate the disabled worker. 29 C.F.R. pt. 1630, App. § 1630.2(o); see Chi-ari, 920 F.2d at 319.
[*363] White’s response to York’s affirmative evidence was simply to state that York’s position was “untenable” and “irrelevant,” and that with “reasonable accommodation,” he could perform the jobs. Pl’s.Resp., Appellant’s App. at 99. Citing EEOC guidelines, White maintains that York’s failure to initiate an informal interactive process with him in order “to identify reasonable accommodations and the requirements of the various jobs that he could perform with accommodations,” operates as a per se preclusion to summary judgment. Id.; Appellant’s Br. at 11; see 29 C.F.R. pt. 1630, App. § 1630.9.
White has misconstrued an EEOC recommendation as a statutory requirement It is important to note that the interactive process is triggered only if the employee is “qualified,” and, as discussed above, the term “qualified” is defined to include the concept of reasonable accommodation. Thus, the employer necessarily must make a threshold determination that the disabled employee may be accommodated, and is, therefore, qualified within the meaning of the ADA. It is at that point, the regulations recommend, that the employer and employee work together in order to identify how best to accommodate the employee.
CONCLUSION
While we must resolve doubts in favor of White, eonclusory allegations standing alone will not defeat a properly supported motion for summary judgment. Cone v. Longmont United Hosp. Ass’n, 14 F.3d 526, 530 (10th Cir.1994). White has produced no evidence that accommodation was possible. Thus, he has failed to establish an essential element of his case: that he is a “qualified person with a disability,” entitled to the protections of the ADA. On that basis, the district court properly granted summary judgment in favor of York. See Matsushita, 475 U.S. at 586-87, 106 S.Ct. at 1355-56; Flight Concepts Ltd. Partnership v. Boeing Co., 38 F.3d 1152, 1156 (10th Cir.1994). Because White has failed to establish the second element of his claim, that he was “qualified” under the ADA, it follows that we need not address the remaining element of his claim, whether York terminated him' solely because of his disability.
The order of the district court is AFFIRMED.
.White contends that Dr. Ewing's report should be discounted because it was premised on faulty information. The accuracy of Dr. Ewing’s report presents a factual dispute which we need not address. Our analysis proceeds upon the undisputed fact that on September 18, 1992, the date that White was terminated, he at least was subject to the medical restrictions imposed by Dr. Gruel.
. York's extended disability leave policy provided that an employee could take leave for up to twelve months, but that "[i]n no event shall the employment relationship continue beyond twelve (12) consecutive months of absence from work due to disability." Appellant’s App. at 72-73.
. York's termination letter to White clearly stated that his disability factored in to the decision to terminate him. Appellant's App. at 80. Thus, his "pretext” argument is without merit.
. Summary judgment also was granted against White on his claim under Okla.Stat. tit. 25, §§ 1302, 1901 (1987 & Supp.1995). White has not raised that issue in this appeal.
. The language adopted in the ADA tracks that of the Rehabilitation Act of 1973, which provides that
[n]o otherwise qualified individual with a disability ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.
29 U.S.C. § 794(a).
Because the ADA expressly requires its provisions to be interpreted in a way that "prevents imposition of inconsistent or conflicting standards for the same requirements” under the two statutes, 42 U.S.C. § 12117(b), we rely on case law interpreting the Rehabilitation Act’s "otherwise qualified” requirement in determining whether White was "qualified” under the ADA. See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994); Chandler v. City of Dallas, 2 F.3d 1385, 1391 (5th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1386, 128 L.Ed.2d 61 (1994); see also 29 C.F.R. pt. 1630, App. § 1630.2(g); H.R.Rep. No. 485, 101st Cong., 2d Sess. 23 (1990), reprinted in 1990 U.S.C.C.A.N. 267, 304 ("The ADA incorporates many of the standards of discrimination set out in regulations implementing section 504 of the Rehabilitation Act of 1973, including the obligation to provide reasonable accommodations unless it would result in an undue hardship on the operation of the business.").
. Relying on language from Pushkin v. Regents of Univ. of Colo., 658 F.2d 1372 (10th Cir.1981), White contends that in order to establish a prima facie case, he need only demonstrate that he is qualified apart from his disability. White has misread Pushkin.
In Pushkin, a case decided under the Rehabilitation Act, the plaintiff claimed that the University’s stated reason for denying him admission to its psychiatry program was a pretext for unlawful discrimination based on his disability. We developed an analysis in Pushkin, much like the McDonnell Douglas test applicable in Title VII discrimination cases, see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 1824-25, 36 L.Ed.2d 668 (1973), in order to “sharpen the inquiry into the elusive factual question of intentional discrimination." Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 255 n. 8, 101 S.Ct. 1089, 1094 n. 8, 67 L.Ed.2d 207 (1981). Under our Pushkin analysis, a plaintiff establishes his prima facie case by showing that he is “an otherwise qualified handicapped person apart from his handicap,” and that he has been rejected under circumstances which give rise to an inference that his rejection was based solely on his disability. Pushkin, 658 F.2d at 1387.
Obviously, the Pushkin analysis will not find application in all cases. Where, as here, an employer readily acknowledges that the decision to terminate the employee was premised, at least in part, on the employee's disability, the ultimate purpose of the Pushkin analysis will have been achieved from the outset. In such cases, the objective claims presented may be tested through the application of traditional burdens of proof as set forth above. See Barth v. Gelb, 2 F.3d 1180, 1185-87 (D.C.Cir.1993), cert. denied, - U.S. -, 114 S.Ct. 1538, 128 L.Ed.2d 190 (1994). In any event, under White's reading of Pushkin, a blind person possessing all the qualifications for driving except sight, and accordingly denied the position of driving a school bus, could establish a prima facie case of discrimination. We reject such an absurd reading of the ADA. See Southeastern Community College v. Davis, 442 U.S. 397, 407 n. 7, 99 S.Ct. 2361, 2367 n. 7, 60 L.Ed.2d 980 (1979); Daubert v. United States Postal Serv., 733 F.2d 1367, 1371 (10th Cir.1984).
. See 29 C.F.R. pt. 1630, App. § 1630.2(o); see also Southeastern Community College v. Davis, 442 U.S. 397, 410, 99 S.Ct 2361, 2369, 60 L.Ed.2d 980 (1979); Chian, 920 F.2d at 318.
. Compare the present case and Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1126-27 (11th Cir.1993) (fire fighters suggested accommodations, but failed to demonstrate how the accommodations would enable them to perform essential functions) and Chandler, 2 F.3d at 1395 (summary judgment proper where diabetic plaintiffs put forth no evidence regarding possible accommodation of their disabilities) with Wood v. Omaha Sch. Dist., 985 F.2d 437, 438-39 (8th Cir.1993) (holding plaintiff school van drivers with type II diabetes raised genuine issue of material fact by offering evidence, by way of affidavit, regarding how they could readily monitor their blood sugar levels and maintain them at proper levels so as to avoid the risk of hypoglycemic reaction while driving).
.White stated in his deposition that he believed he could have worked as a brazier, a production clerk, a forklift operator, or in York’s electrical department. White Dep., Appellant’s App. at 58-60.