Edward Roy Becker

“ An individual's right to reasonable accommodation may be subject, however, to certain limitations. For example, an employer is not required to provide accommodation if it would impose an "undue hardship" on the employer as defined in 29 C.F.R. § 1630.2 (p) . An employer also is not required to provide accommodation if the individual poses a "direct threat" to the health or safety of himself/herself or others unless such accommodation would either eliminate such risk or reduce it to an acceptable level. ”

“ For example, whereas nursing is classified by the Department of Labor as skilled, medium duty labor, orderly work is classified as semi-skilled, heavy-duty labor. Also, whereas none of a general nurse's critical tasks under the DOL Dictionary description include lifting, the description of orderly work enumerates "lifting patients onto and from bed" as critical task number five. This is because, according to Deane, the orderly position exists to assist the nurse professional in the performance of his or her job duties. ”

“ Under these circumstances, reasons PMC, it simply makes no sense to talk of accommodations for any physical impairments because, by definition, the impairments are not the statutory cause of the plaintiff 's disability. Adopting Deane's interpretation of the ADA would, in PMC's view: (1) permit healthy employees to, through litigation (or the threat of litigation) demand changes in their work environments under the guise of "reasonable accommodations" for disabilities based upon misperceptions ”

“ According to Deane, she informed McCool that she was unable to lift more than 15-20 pounds or perform repetitive manual tasks such as typing, but that her physician, Dr. Osterman, had released her to return to "light duty" work. [2] Deane further explained to McCool that, if she could not be accommodated in a light duty position on the medical/surgical floor, she was willing to move to another area of the hospital, as long as she could remain in nursing. ”

“ Drexel University, 94 F.3d 102, 104 (3d Cir. 1996) , we apply the same test the district court should have applied in the first instance. See Olson v. General Electric Astrospace, 101 F.3d 947, 951 (3d Cir. 1996) ”