TREATISE INDEX "Q"

Table of contents for this page
Qualified for position prong
Qualified immunity
Qualified individual with a disability

Qualified for position prong

• Qualified for position prong - 4.550

• Can the court consider subjective as well as objective criteria? - 4.551

• Interaction between "qualified for position" prong of prima facie case and evidence of pretext (the third step of McDonnell Douglas) - 4.552

• What if employer's qualifications are applied more strictly to the plaintiff than to others? - 4.553

• No duty to establish qualified for position prong if employer did not require others to be qualified - 4.553.10

• If plaintiff was already in the position, the employer normally cannot show that the plaintiff did not meet the objective qualifications for the position - 4.553.20

• Employee's perception of own performance (or co-worker's perception) - 4.554

• Co-worker as expert witness? - 4.554.10

• Employee must be meeting expectations at the time of the adverse action - 4.555

• Whether recent evaluations are sufficient? - 4.555.10

• Employee's duty to apply for position - 4.556

  • Futile gesture doctrine - 4.556.10

• Position must be available - 4.557

  • Failure to fill position as evidence of discrimination - 4.557.10

• Specific jobs: professor / academic tenure - 4.558.10

• Specific jobs: salesperson - 4.558.20

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Qualified immunity

• 42 U.S.C. § 1981 - 9.432

• Heightened pleading standard - 9.426

• Interlocutory appeal

  • Denial of qualified immunity is immediately appealable if the issue is a question of law as opposed to a factual dispute - 9.425

• Standard of review - 9.410

• Title VII - 9.434

• What is the test for determining entitlement to qualified immunity? - 9.422

  • "Clearly established," whether law is clearly established - 9.422.20

    • Plaintiff has burden of proof that law is clearly established - 9.422.21

  • Defendant's subjective state of mind is not considered - 9.422.10

• When is qualified immunity determination made

  • Qualified immunity determination can be made at trial if a factual issue must be decided before a ruling can be made - 9.424.10

• Who can raise qualified immunity defense? - 9.421

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Qualified individual with a disability

• Cases addressing what plaintiff must prove - 13.321.20

• Disability retiree is not a qualified individual - 13.323.50

• Drugs

  • "Qualified individual" with respect to someone using illegal drugs - 13.821

    • Can employee prevent termination by enrolling in drug treatment program? - 13.821.21

    • Employee's safe harbor provision - 13.821.20

    • Qualified individual does not include someone "currently" using illegal drugs - 13.821.10

      • Definition of "currently" - 13.821.11

• Employee who poses threat of intentional harm is not a qualified individual - 13.322.40

• Employee who rejects offer of reasonable accommodation is no longer qualified individual - 13.322.30

• Essential job functions (this index)

• Former employee not qualified due to prior job performance issues - 13.323.10

• "100% healed" policy - 13.323.40

• Plaintiff bears burden of proof - 13.321.10

• Qualified individual includes job employee holds or desires - 13.322.10

• Time of employment action governs determination of whether person is a qualified individual - 13.322.20

  • Court relies, in part, on subsequent events to support finding that plaintiff was disabled - 13.322.21

• Totally disabled employee cannot be a qualified individual - 13.323.30

• Truck driver must meet DOT minimum requirements - 13.323.20

  • Truck driver must exhaust DOT administrative remedies - 13.323.21

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