Vera L. Nunes v. Wal-Mart Stores, Inc. Mike Black Rita Silva (1999)

See Hamlin v. Charter Township of Flint, 165 F.3d 426, 431 (6th Cir. 1999) ("As a defense to [plaintiff's] claims, [defendant] argued that [plaintiff] posed a direct threat...."); Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999) ("Because this is an affirmative defense, [defendant] bears the burden of proving that [plaintiff] is a direct threat."); EEOC v. AIC Sec.

“The ADA prohibits an employer from discriminating ‘against a qualified individual with a disability because of the disability.’” Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999) (quoting 42 U.S.C. § 12112 (a) (1999)).

See 42 U.S.C. §§ 12112 (a), 12111(8); Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999).

The Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., “prohibits an employer from discriminating against a qualified individual 6 with a disability because of the disability.” Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999) (internal quotation marks and citation omitted).

See also Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1248 (9th Cir. 1999) (“To protect disabled individuals from discrimination based on prejudice, stereotypes, or unfounded fear, the Supreme Court has required an individualized direct threat inquiry that relies on the best current medical or other objective evidence.”); Rizzo v. Children’s World Learning Ctrs, Inc., 84 F.3d 758, 764 (5th Cir. 1996) (finding question of fact existed as to direct threat where hearing-impai…

See also id. (“Even an extended medical leave, or an extension of an existing leave 15 period, may be a reasonable accommodation if it does not pose an undue hardship on the 16 employer.”).

Nunes, 164 F.3d at 1247 (“Unpaid medical leave may be a reasonable accommodation under the ADA.”); Dark v. Curry Cty., 451 F.3d 1078, 1090 (9th Cir. 2006) (same).

See Hanson, 74 Cal.App.4th at 226 , 87 Cal.Rptr.2d 487 (“As long as a reasonable accommodation available to the employer could have plausibly enabled a handicapped employee to adequately perform his job, an employer is liable for failing to attempt that accommodation.”) (internal quotation marks omitted); Nunes, 164 F.3d at 1247 (“Even an extended medical leave, or an extension of an existing leave period, may be a reasonable accommodation if it does not pose an undue hardsh…

Fourth Certified Question 24 The fourth certified question is “Whether Defendants provided Individual Plaintiffs and the 25 Class members with reasonable accommodation as required under FEHA and Title VII.” On the 26 fourth question, the County argues that “class members had diverse experiences with the County’s 27 accommodations,” including that many members of the class did not require accommodations at 1 were reasonable involves quintessentially fact-specific, individuali…

Nunes, 164 F.3d at 1248 (“To protect disabled individuals 4 from discrimination based on prejudice, stereotypes, or unfounded fear, the 5 Supreme Court has required an individualized direct threat inquiry that relies on 6 the best current medical or other objective evidence.”); Echazabal, 336 F.3d at 7 1031 (“Had Chevron conducted the individualized assessment required by law, it 8 would have considered in detail the four Arline factors as they applied to 9 Echazabal's condi…

See Humphrey, 239 F.3d at 1135 ; Nunes v. 8 Wal-Mart Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999).

Nunes v. Wal-Mart Stores, Inc., 16 164 F.3d 1243, 1247 (9th Cir. 1999).

Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999). 5 Regarding the first element of a discrimination claim, the ADA defines a “disability” as a 6 physical or mental impairment that substantially limits one or more major life activities, a 7 record of such an impairment, or being regarded as having such an impairment. 42 U.S.C. 8 § 12102(1)(A)–(C).

Cal. Dec. 18, 21 2007) (“Whether reinstatement and transfer to a different position after the long term 22 [sic] leave enjoyed by [p]laintiff constitutes a reasonable accommodation will be a factual 23 question.”); see also Nunes, 164 F.3d at 1247 (“Determining whether a proposed 24 accommodation (medical leave in this case) is reasonable . . . requires a fact-specific, 25 individualized inquiry.”).

See Nunes, 164 F.3d at 1247 (“Even an extended medical leave ... may be a reasonable accommodation. ...”).

Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999).

Disability Discrimination A prima facie case of disability discrimination under the ADA requires a plaintiff to show: (1) he has a disability; (2) he is a qualified individual, meaning he could perform the essential functions of his job with or without a reasonable accommodation; and (3) he suffered an adverse employment action on the basis of his disability.44 The term “disability,” with respect to an individual, requires a showing of a physical or mental impairment that su…

Courts “should weigh the risks and alternatives, including possible hardships on the employer, to determine whether a genuine issue of material fact exists as to the reasonableness of the accommodation.” Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999).

A. “Qualified Individual” Under the ADA and Oregon Law To bring a disability discrimination claim under the ADA, “an employee bears the ultimate burden of proving that he is (1) disabled under the Act, (2) a ‘qualified individual with a disability,’ and (3) discriminated against ‘because of’ the disability.” Bates v. United Parcel Serv., Inc., 511 F.3d 974, 988 (9th Cir. 2007) (quoting Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999)).

Court “should weigh the risks and alternatives, including possible 26 hardships on the employer, to determine whether a genuine issue of material fact 27 exists as to the reasonableness of the accommodation.” Nunes v. Wal-Mart Stores, 28 Inc., 164 F.3d 1243, 1247 (9th Cir. 1999).

See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (explaining that a court need not accept mere legal conclusions as true); Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999) (explaining that, to establish a claim of discrimination under the ADA, a plaintiff must show (1) he is disabled within the meaning of the statute, (2) he is a “qualified individual” under the statute, and (3) he was discriminated against because of his disability); Temple of 1001 Buddhas…

“The ADA prohibits an employer from discriminating against a qualified 15 individual with a disability ‘because of the disability.’” Nunes v. Wal–Mart Stores, Inc., 16 164 F.3d 1243, 1246 (9th Cir. 1999) (quoting 42 U.S.C. § 12112 (a)).

Dist., 727 F.3d 950, 955 (9th Cir. 2013) 19 (quoting Nunes v. Wal–Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999)) 20 (internal quotations omitted). 1 Discrimination under the ADA and WLAD includes failure to reasonably 2 accommodate and disparate treatment of a qualified disabled individual. 42 U.S.C. 3 § 12112; RCW 49.60.180.

See id.; Kennedy v. 28 Applause, Inc., 90 F.3d 1477, 1481 (9th Cir. 1996); Sanders v. Arneson Prods., Inc., 91 1 F.3d 1351 , 1353 (9th Cir. 1996); Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th 2 Cir. 1999). 3 Similarly, Title VII makes it unlawful for an employer “to fail or refuse to hire or to 4 discharge any individual, or otherwise discriminate against any individual with respect to 5 his compensation, terms, conditions, or privileges of employment because of …

Plaintiff further asserts that “[m]ost courts have held that whether a limited extension of medical leave constitutes a reasonable accommodation under the ADA is a genuine issue of material fact.” (Document No. 36, p. 16) (citing Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999); Cehrs v. Northeast Ohio Alzheimer’s Research Ctr., 155 F.3d 775 (6th Cir. 1998); Garcia-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638, 647-48 (1st Cir. 2000); Powers v. Polygram…

A qualified individual is “an ‘individual with a 6 disability who, with or without reasonable accommodation, can perform the essential functions 7 of the employment position that such individual holds or desires.’” Nunes v. Wal-Mart Stores, 8 Inc., 164 F.3d 1243, 1246 (9th Cir. 1999) (quoting 42 U.S.C. § 12111 (8)). 9 Plaintiff does not allege that he is a disabled person within the meaning of the ADA. 10 Plaintiff’s primary allegations relate to being the only person requir…

Id. (discussing whether an employee’s offer to use his 712 hours of 6 accumulated sick leave to resolve his seizures was reasonable); Nunes v. Wal-Mart 7 Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999) (finding an issue of fact where an 8 employee sought to extend her existing absence on unpaid medical leave); 9 Humphrey v. Mem'l Hosps.

A qualified individual is “an ‘individual with a 17 disability who, with or without reasonable accommodation, can perform the essential functions 18 of the employment position that such individual holds or desires.’” Nunes v. Wal-Mart Stores, 19 Inc., 164 F.3d 1243, 1246 (9th Cir. 1999) (quoting 42 U.S.C. § 12111 (8)). 20 Plaintiff does not allege that he is a disabled person within the meaning of the ADA. 21 Plaintiff’s primary allegations relate to being the only person re…

OPPORTUNITY COMM’N, No. 915.002, 26 27 6 The court reads the September 1, 2022 date alleged in United’s Responsive Concise Statement of Facts (United’s 1 EEOC ENFORCEMENT GUIDANCE: REASONABLE ACCOMMODATION AND UNDUE HARDSHIP 2 UNDER THE AMERICANS WITH DISABILITIES ACT (2002) (“Permitting the use of accrued paid 3 leave, or unpaid leave, is a form of reasonable accommodation when necessitated by an 4 employee’s disability.”); Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 124…

The second element requires “an individual with a disability 4 who, with or without reasonable accommodation, can perform the essential functions of 5 the employment position that such individual holds or desires.” Id. (quoting Nunes v. 6 Wal-Mart Stores, Inc. 164 F.3d 1243, 1246 (9th Cir. 1999)). 7 Stern alleges he “suffers from a genetic anomaly that causes him to be color-vision 8 deficient.” (Doc. 1 ¶ 19.) Stern further alleges Amtrak did not allow him to take a field 9 …

Analysis 20 A. Disability-Based Discrimination 21 “The ADA prohibits an employer from discriminating against a qualified 22 individual with a disability ‘because of the disability.’” Nunes v. Wal-Mart Stores, Inc., 23 164 F.3d 1243, 1246 (9th Cir. 1999) (quoting 42 U.S.C. § 12112 (a)).

Ass’n, 239 F.3d 1128, 1135-36 (9th Cir. 2001) (“where a leave 14 of absence would reasonably accommodate an employee’s disability and permit [her], upon [her] 15 return, to perform the essential functions of the job, that employee is otherwise qualified under 16 the ADA”); Nunes v. Wal–Mart Stores, Inc., 164 F.3d 1243, 1247 (9th Cir.1999).

The court recognized an “individualized” direct threat analysis based on “the ‘best current medical or other objective evidence’ is intended ‘protect disabled individuals from discrimination based on prejudice, stereotypes, or unfounded fear.’” Id. at 571 (quoting Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1248 (9th Cir. 1999).

The court “should weigh the risks and 19 alternatives, including possible hardships on the employer, to determine whether a genuine 20 issue of material fact exists as to the reasonableness of the accommodation.” Nunes v. Wal- 21 Mart Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999). 22 Even if the Court were to find that Defendants failed to engage in the interactive 23 process, Plaintiff’s claim fails because she did not, and has not, identified a facially 24 reasonable a…

A 23 qualified individual is an “individual with a disability who, with or without reasonable 24 accommodation, can perform the essential functions of the employment position that such 25 individual holds or desires.” Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 26 1999) (quoting 42 U.S.C. § 12111 (8)) (internal quotation marks omitted). 27 Title I of the ADA prohibits discrimination “against a qualified individual on the basis of 28 disability in regard to …

Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999).

Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999).

Nunes v. Wal- Mart Stores, 164 F.3d 1243, 1246 (9th Cir. 1999).

Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999).

LL, ECF No. 57-5 at 45. 5 Even assuming Quintana is a qualified individual, I must then determine if she, with or 6 without reasonable accommodation, can perform the essential functions of the employment 7 position that such individual holds or desires. 42 U.S.C. § 12111 (8); Nunes v. Wal-Mart, Stores, Inc., 8 164 F.3d 1243, 1246 (9th Cir. 1999).

Generally, 28 “[d]etermining whether a proposed accommodation . . . is reasonable, including whether it - 24 - Case 2:20-cv-00924-DWL Document 89 Filed 01/31/24 Page 25 of 46 1 imposes an undue hardship on the employer, requires a fact-specific, individualized 2 inquiry.” Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999).

Disability Discrimination This district court has stated, in the context of ADA claims: “The ADA prohibits an employer from discriminating ‘against a qualified individual with a disability because of the disability.’” Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999) (quoting 42 U.S.C. § 12112 (a)).

See id.; Kennedy v. Applause, 23 Inc., 90 F.3d 1477, 1481 (9th Cir. 1996); Sanders v. Arnesan Prods., Inc., 91 F.3d 1351 , 24 1353 (9th Cir. 1996); Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999); 25 Bates v. United Parcel Serv., Inc., 511 F.3d 974, 988 (9th Cir. 2007). 26 If Plaintiff establishes a prima facie case of discrimination, then there is a 27 presumption of unlawful discrimination.

Ctr., 675 F.3d 1233, 1237 (9th Cir. 2012) (failure to 22 accommodate); Nunes v. Wal–Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999) (discrimination). 23 59 Chuang v. Univ. of California Davis, Bd. of Trustees, 225 F.3d 1115 , 1123–24 (9th Cir. 2000); Raytheon, 540 U.S. at 50 ; Burdine, 450 U.S. at 254 . 1 credence.60 She can meet this burden by presenting circumstantial evidence, which must be 2 “specific and substantial.”61 3 Shields argues that the McDonnell Douglas…

Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999).

Determining whether a proposed accommodation 21 (medical leave in this case) is reasonable, including whether it imposes an undue hardship 22 on the employer, requires a fact-specific, individualized inquiry.” Nunes v. Wal-Mart 23 Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999); see also Villalobos v. TWC Admin.

See Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243 , 26 1247 (9th Cir. 1999) (“Unpaid medical leave may be a reasonable accommodation under 27 the ADA. . . .

Nunes v. Wal–Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999) 20 (stating that to establish a prima facie case of employment discrimination under the ADA, the 21 complaint must allege: (1) plaintiff has a disability within the meaning of the ADA; (2) plaintiff 22 is capable of performing the essential functions of the job; and (3) the employer terminated 23 plaintiff due to his disability).

App. 3d 1036, 1050-51 (1989) (holding a transfer to a position with a flexible schedule constituted a reasonable accommodation); see also Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999) (“Even an extended medical leave, or an extension of an existing leave period, may be a reasonable accommodation if it does not pose an undue hardship on the employer.”).

See Nunes v. Wal-Mart Stores, 21 Inc., 164 F.3d 1243, 1247 (9th Cir. 1999) (“In the summary judgment context, a court 22 should weigh the risks and alternatives, including possible hardships on the 23 employer, to determine whether a genuine issue of material fact exists as to the 24 reasonableness of the accommodation.”). 25 Further, Plaintiff would have had to recertify through an IHAT training before 26 returning to the field, which would have caused more delay.