(Download) "Davis V. City Of Grapevine" by Court of Appeals Second District of Texas Fort Worth ~ Book PDF Kindle ePub Free

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eBook details

• Title: Davis V. City Of Grapevine
• Author : Court of Appeals Second District of Texas Fort Worth
• Release Date : January 09, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Appellant James B. Davis (Davis) appeals the trial court's granting of summary judgment in favor of Appellee, City of Grapevine (the City). The City cross-appeals the trial court's denial of its objection to Davis' summary judgment evidence. In seven points, Davis contends that the trial court erred in granting the motion for summary judgment because the City (1) failed to meet its burden of showing that there are no genuine issues of material fact, (2) failed to prove as a matter of law that Davis could not perform the essential functions of the relevant positions, with or without reasonable accommodations, (3) failed to prove as a matter of law that Davis was not subjected to an adverse employment action, (4) failed to prove as a matter of law that Davis is not legally disabled within the meaning of Chapter 21 of the Texas Labor Code,*fn1 (5) failed to prove as a matter of law that it offered Davis a reasonable accommodation, (6) erroneously relied on the burden-shifting test set out in McDonnell Douglas Corp. v. Green, which has no application to a failure to accommodate claim, (7) has failed to prove that the accommodations that could have been offered Davis were unreasonable as a matter of law, and (8) failed to prove as a matter of law that Davis cannot establish an age discrimination claim. The City presents a single cross-point asserting that Davis' controverting affidavit should be stricken. We affirm in part and reverse and remand in part.

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