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00-3746 Emerson v. Northern States Power Co.

By: dmc-admin//July 2, 2001//

00-3746 Emerson v. Northern States Power Co.

By: dmc-admin//July 2, 2001//

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“An employee is not a qualified individual if she poses ‘a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.’ 42 U.S.C. sec. 12111(3).

“NSP presented unchallenged doctors’ opinions that Emerson suffered from an anxiety disorder that might disappear in one to two years, but might never improve. Consequently, she required unpredictable breaks of indeterminate time to recover from a condition she exhibited at work previously. Emerson worked at a job which required prompt, accurate handling of emergencies such as gas leaks and downed power lines that could pose significant danger to the public. Although Emerson argues that she is unlikely to suffer a panic attack at work, she has already suffered two. By its very nature, the consultant job could be stressful, and Emerson would be in contact with a supervisor who caused her further stress. This evidence is enough for us to find that Emerson posed a direct threat in the consultant position.”

Affirmed.

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Bauer, J.

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