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USCA 8th: Inability to Perform Means No ADA Claim

Monday, August 15, 2005 | 0

The United States Court of Appeals for the Eighth Circuit ruled that a claim fails under the ADA where the plaintiff is unable to show he can perform the essential functions of the job. In Bass v. SBC Communications, Inc., No. 04-3946, 08/11/2005, Juan Bass, an employee of SBC Communications, Inc., suffered from Raynauds Syndrome and Scleroderma, and, as a result, was placed on short-term disability. SBC moved Bass's job from Arkansas to Texas, and gave Bass an opportunity to transfer. Although Bass completed the necessary paperwork, SBC refused to allow him to transfer because he failed t...

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