639 F. Supp. 1076 - Dancy v. Kline’s Empirical Analysis

Citation profile

4 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The language of the regulation suggesting that the phrase ‘position in question’ refers to the position which is the subject of the lawsuit, or ‘in question.’ The inquiry under the regulation should be whether with reasonable accommodation a plaintiff can do the position to which he was denied as a result of an adverse employment decision. For example, if the case involves a termination, the ‘position in question’ would be the job from which plaintiff was discharged. If the case involves a denial of promotion, the ‘position in question’ would be the position to which the plaintiff seeks to be promoted. If the case involves a refusal to hire, the ‘position in question’ would be the position to which the plaintiff has applied.”

   1 later decision quote this exact passage
   e.g. Davis v. United States Postal Service

2. “[B]ecause this is a case stemming from a discharge 'the position in question’ will be the job from which plaintiff was dismissed. The issue at trial will be whether plaintiff's position at the time of his termination was that of a FPO or the 'light duty’ clerical job.”

   1 later decision quote this exact passage
   e.g. 820 F. Supp. 933 - Taylor v. Garrett