“[T]he job description states that the supervisor ‘may perform manual labor’ . . . . Just because . . . the supervisor sometimes ‘may perform’ such labor does not override the consideration that the ability to perform physical labor is not an essential or even mandatory component of the supervisor’s job. Therefore, [Plaintiff]’s inability to
If a requirement listed as an essential function in a job description rarely or never occurs in practice, a triable issue exists as to whether it is an essential function.
By LSTAHL on
A job description listed essential functions as including “frequent lifting and carrying up to 20 lbs., occasionally lifting and carrying 20-35 lbs., and occasionally lifting up to 40 lbs.,” as well as “occasionally . . . up to 200 pounds with the assistance of co-workers or Hoyer lift.” Molina, 840 F. Supp. 2d at…
Losing the ability to engage in a non-essential function due to disability does not render an employee unqualified, even if he voluntarily engaged in the activity before.
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“[Plaintiff] stated that it was his custom as supervisor to perform manual labor alongside his employees. Further, as an example of the type of work the supervisor might perform, the job description states that the supervisor ‘may perform manual labor . . . . Just because [Plaintiff] routinely performed manual labor or that the supervisor…