HENNAGIR v. UTAH DEPT. OF CORRECTIONS

No. 08-4087.

581 F.3d 1256 (2009)

Barbara Mitten HENNAGIR, Plaintiff-Appellant, v. UTAH DEPARTMENT OF CORRECTIONS; Scott Carver; Mike Chabries; Richard Garden, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 10, 2009.


Attorney(s) appearing for the Case

Russell T. Monahan, Cook & Associates, P.C., Salt Lake City, UT, for Plaintiff-Appellant.

J. Clifford Peterson, Assistant Utah Attorney General (Mark L. Shurtleff, Utah Attorney General, with him on the briefs), Salt Lake City, UT, for Defendants-Appellees.

Before BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

This case requires us to determine whether a job function that is rarely required in the normal course of an employee's duties may nonetheless be an essential job function under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA"). We conclude that when the potential consequences of employing an individual who is unable to perform the function are sufficiently severe, such a function may be deemed essential. We further...

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