Foreman v. Babcock & Wilcox Co

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.” | "For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant." | “For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.” | “[T]he ADA does not require an employer to take action inconsistent with the- contractual rights of other workers under a collective bargaining agreement.” | "[E]ven if Foreman was disabled and qualified under the ADA, his requested accommodations are not reasonable." (emphasis added) | Judgment as a matter of law appropriate as employee could not carry materials into necessary work areas (which function only constituted 20%-30% of his responsibilities) | “For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.” | “For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.’” | “For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.” | “For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.” | “For the accommodation of a reassign- ment to be reasonable, it is clear that a position must first exist and be va- cant.” | “For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.” (emphasis added) | “For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.” | “Under the ADA, an employer is not required to give what it does not have.” | "[T]he ADA does not require an employer to take action inconsistent with the contractual rights of other workers under a [CBA]." | “[T]he ADA does not require an employer to take action inconsistent with the contractual rights of other workers.” | "[T]he ADA does not require an employer to take action inconsistent with the contractual rights of other workers under a [CBA]." | “We must affirm a judgment of the district court if the result is correct, even if our affirmance is upon grounds not relied upon by the district court.” | “We must affirm a judgment of the district court if the result is correct, even if our affirmance is upon grounds not relied upon by the district court.” | Our affirmance can be upon grounds not relied upon by the district court | “For the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant. Under the ADA, an employer is not required to give what it does not have.” | “[A]n employer is not required to give what it does not have.” | “We do not read the ADA as requiring affirmative action in favor of individuals with disabil