POND v. MICHELIN NORTH AMERICA, INC.

No. 98-4247.

183 F.3d 592 (1999)

Francia POND, Plaintiff-Appellant, v. MICHELIN NORTH AMERICA, INC., also known as Uniroyal Goodrich Tire Manufacturing, Inc., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 1999.


Attorney(s) appearing for the Case

Patrick L. Proctor (argued), Warsco, Brogan & Strunk, Fort Wayne, IN, for Plaintiff-Appellant.

Michael N. Petkovich (argued), Keck, Mahin & Cate, Chicago IL, Michael T. Graham, Jackson, Lewis, Schnitzler & Krupman, Chicago, IL, for Defendant-Appellee.

Before BAUER, FLAUM and MANION, Circuit Judges.


FLAUM, Circuit Judge.

The central question in this case is whether the "reasonable accommodation" requirement under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., requires an employer to transfer an employee to an occupied position that the disabled employee has a right to acquire under the provisions of a collective bargaining agreement. The district court concluded the ADA contains no such requirement and granted summary judgment...

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