United States First Circuit

In plaintiff's suit against his employer under both federal and state disability laws, district court's grant of summary judgment in favor of the employer is affirmed where: 1) plaintiff's own admission that because he had not passed the required exam, another employee was forced to perform certain of plaintiff's job, reinforces that obtaining the license was an essential function; 2) plaintiff did not satisfy his burden of showing facial reasonableness in his failure to accommodate claim; and 3) plaintiff's disparate treatment claim fails because he did not establish that he was qualified to perform the essential functions of his job with or without a reasonable accommodation.

Appellate Information

• Decided 09/26/2012
• Published 09/26/2012

Judges

• Lynch

Court

• United States First Circuit

Counsel