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Garland's Digest on employment discrimination law online since 1997
TREATISE INDEX "Q" 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 [TOP] 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 [TOP] 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 [TOP]
Who can raise qualified immunity defense? - 9.421
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