Foreman v. Babcock & Wilcox Co

How later courts describe this case

• 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.”