A plaintiff asserting a claim against his employer for a failure to accommodate him in accordance with the Americans with Disabilities Act has the burden of proving that his employer could have made a reasonable accommodation that would have enabled him to perform the essential functions of his job. The deposition testimony of a corporate designee is an evidentiary admission, but it is not a binding judicial admission. The jury is still allowed to consider other evidence to correct, supplement or explain that testimony.
Snapp v. BNSF Railway Company - filed May 11, 2018
Cite as 2018 S.O.S. 15-35410
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